In a recent ruling, a German court clarified that Birkenstock sandals, despite their rise in popularity, do not meet the threshold for copyright protection as artistic works due to their practical design.
Birkenstock Sandals Are Not Art, Says Court Ruling
Birkenstock Sandals Are Not Art, Says Court Ruling
German court rejects Birkenstock's claim for copyright protection over its iconic sandals.
The German court has decisively ruled that Birkenstock sandals do not qualify as works of art and are instead defined as practical design items. This decision came after the footwear company sought to classify its popular cork-soled sandals under the category of art to gain copyright protections against competitors making imitation products. Judge Thomas Koch dismissed the appeal, reinforcing that design must exhibit a measure of individual creativity to be considered art.
Despite their past reputation as unfashionable, Birkenstocks have recently seen a notable resurgence in trends, largely propelled by high-profile endorsements, including actress Margot Robbie's appearance in the 2023 film Barbie, where she donned a pink pair of the sandals. Originally crafted in the 1960s, the sandals have since evolved with various styles and colors while retaining their signature comfort and support.
Birkenstock's financial rise reflects this newfound popularity, with the company achieving a market valuation of approximately $8.6 billion upon its listing on the New York Stock Exchange in 2023, doubling its worth from just two years prior. Concurrently, the increase in demand for Birkenstocks has prompted a surge of counterfeit products, convincing the company to seek legal avenues to protect its "iconic design".
Under German law, there is a clear distinction between art and design regarding product protection; art enjoys a longer protection period of 70 years post-creator’s death, while design protection is limited to just 25 years from the date of application. With founder Karl Birkenstock still living, the company’s bid for art classification has been deemed "unfounded," as stated by Judge Koch, who emphasized that true artistic status requires a distinctive level of creative achievement.
Despite their past reputation as unfashionable, Birkenstocks have recently seen a notable resurgence in trends, largely propelled by high-profile endorsements, including actress Margot Robbie's appearance in the 2023 film Barbie, where she donned a pink pair of the sandals. Originally crafted in the 1960s, the sandals have since evolved with various styles and colors while retaining their signature comfort and support.
Birkenstock's financial rise reflects this newfound popularity, with the company achieving a market valuation of approximately $8.6 billion upon its listing on the New York Stock Exchange in 2023, doubling its worth from just two years prior. Concurrently, the increase in demand for Birkenstocks has prompted a surge of counterfeit products, convincing the company to seek legal avenues to protect its "iconic design".
Under German law, there is a clear distinction between art and design regarding product protection; art enjoys a longer protection period of 70 years post-creator’s death, while design protection is limited to just 25 years from the date of application. With founder Karl Birkenstock still living, the company’s bid for art classification has been deemed "unfounded," as stated by Judge Koch, who emphasized that true artistic status requires a distinctive level of creative achievement.
