Tech.Law
Our trusted source of information on legal matters and sector-specific innovations
In our ‘Big Law Boutique’ section, you will find a wealth of expertise on the topics covered by our focus groups: in-depth legal insights and information on the latest developments.You can also find the latest developments in the fields of ESG and the metaverse on our ‘Innovation Blog’: here, we offer you insights into pioneering projects, sustainable solutions and forward-looking strategies.
In its ruling of February 20, 2025 (I ZR 16/24), the BGH made a fundamental decision on the copyright protectability of consumer goods. In a total of three appeal proceedings (I ZR 16/24, I ZR 17/24, I ZR 18/24), a decision had to be made on the copyright protection of four different sandal models from the Birkenstock Group: "Arizona", "Madrid", "Gizeh" and the "Boston" clog. The subject of the proceedings I ZR 16/24 was the question of whether the sandal model "Arizona" and the model "Madrid", known from the Hollywood film "Barbie" among others, are protected as works of applied art pursuant to Section 2 para. 1 no. 4, para. 2 UrhG and whether there is copyright imitation by competitors. The BGH confirmed the decision of the lower court and denied copyright protection. With this decision, the BGH clarifies the requirements under EU law for the protection of works of applied art and specifies the distinction between copyright and design protection.