The copyright dispute between Birkenstock and Shoe.com is entering the next round.
On January 26th, the Wortmann Group’s subsidiary, Shoe.com GmbH & Co. KG, was granted justice in a copyright dispute with the sandal manufacturer Birkenstock before the Cologne Higher Regional Court, although the case has not yet been clarified. According to Birkenstock, this decision paves the way for a supreme court review of this central issue by the Federal Court of Justice (BGH), as the brand announced at FashionUnited’s request.
Specifically, the dispute concerns two sandal models from Birkenstock and possible violations of their rights. The verdict now passed in favor of the Wortmann subsidiary overturns a decision of the previous instance from May 11, 2023. At that time, the Cologne regional court had banned Shoe.com from selling two sandal models because they allegedly violated Birkenstock’s copyrights. According to Birkenstock, these are the “Arizona” and “Gizeh” models.
The Cologne Higher Regional Court did not consider the alleged copyrights to be sufficiently explained and proven, the Wortmann Group announced in a statement after the end of the court proceedings. Even then, however, the group emphasized that the judgment was not yet legally binding and could be appealed to the Federal Court of Justice due to the permitted appeal.
This is exactly what Birkenstock is now striving for. According to the sandal manufacturer, the legal assessment of the higher regional court does not mean that the copyright protection of the sandals has been finally decided. Rather, Birkenstock sees a need for further clarification and the need for “a clear interpretation of the definition of a work and a clarification of what requirements must be met for the copyright protection of works of applied art,” according to the communication.