In a landmark ruling, the Federal Court of Justice in Germany concluded that Birkenstock sandals do not meet the criteria to be classified as works of art, rejecting the company's attempt to secure copyright protection for their iconic footwear.
Birkenstock Sandals: Court Declares They Are Not Works of Art
Birkenstock Sandals: Court Declares They Are Not Works of Art
German court denies Birkenstock's claim to art status for sandal design, sparking debates over intellectual property.
Birkenstocks may have stepped into the spotlight thanks to their recent appearances in pop culture, notably after actress Margot Robbie donned a vibrant pair in the 2023 blockbuster "Barbie," but the German court confirms that the comfortable cork-soled sandals remain in the realm of practical footwear rather than artistic creations. The case arose as Birkenstock sought to fend off competition from copycat manufacturers by arguing for a classification that would grant them the same protections as artistic works under copyright law.
Presiding judge Thomas Koch noted in his decision that for a product to receive copyright protection, it must demonstrate a level of individuality and creativity that the sandals lacked—pointing to their design's functional nature. This ruling arrives after an ongoing legal battle that involved conflicting assessments from two previous courts, one initially siding with Birkenstock and another subsequently reversing that judgment.
While the court acknowledged the rise in popularity of the sandals, which have transformed from a once unfashionable item to a high-value cultural symbol, it firmly distinguished between practical designs and artistic works. Birkenstock remains resolute, stating their commitment to protecting their unique designs against imitations through every available legal avenue.
The outcome leaves them without the extended copyright protections that would have lasted for 70 years following the death of their founder, Karl Birkenstock, who is still living. With their current valuation hovering around $8.6 billion after listing on the New York Stock Exchange, Birkenstock aims to maintain its brand integrity in this competitive market, fostering growth amidst ongoing challenges from rivals.
Presiding judge Thomas Koch noted in his decision that for a product to receive copyright protection, it must demonstrate a level of individuality and creativity that the sandals lacked—pointing to their design's functional nature. This ruling arrives after an ongoing legal battle that involved conflicting assessments from two previous courts, one initially siding with Birkenstock and another subsequently reversing that judgment.
While the court acknowledged the rise in popularity of the sandals, which have transformed from a once unfashionable item to a high-value cultural symbol, it firmly distinguished between practical designs and artistic works. Birkenstock remains resolute, stating their commitment to protecting their unique designs against imitations through every available legal avenue.
The outcome leaves them without the extended copyright protections that would have lasted for 70 years following the death of their founder, Karl Birkenstock, who is still living. With their current valuation hovering around $8.6 billion after listing on the New York Stock Exchange, Birkenstock aims to maintain its brand integrity in this competitive market, fostering growth amidst ongoing challenges from rivals.
