Sandals In Court – The Birkenstock Case And IP Strategy For Functional Objects

The copyright year 2025 has been marked by many exciting cases, both here in Norway and in the EU. One of these cases concerned whether the sandals from the German Birkenstock Group ('Birkenstock') are protected by copyright as applied art. Copyright protection of applied art has been controversial for a long time, and it seems unlikely that the final word has been said. Birkenstock's lawsuit is also an example of a (quite aggressive) IPR strategy, which can serve as inspiration for other businesses experiencing challenges with product imitation and increased global competition.

The Birkenstock case and its significance for the assessment of applied art in Norway

Birkenstock sued an online retailer of sandals for infringement of copyrights that Birkenstock claimed to hold. After winning in the first instance and losing in the second instance, Germany's Federal Court (Bundesgerichtshof, 'BGH') rejected Birkenstock's appeal in February 2025 and concluded that