The court's decision comes as Birkenstock seeks to uphold its iconic status amid a surge in popularity and a rise in copycat products, highlighting distinctions between art and practical design.
Birkenstocks Declared Practical, Not Artistic by German Court
Birkenstocks Declared Practical, Not Artistic by German Court
In a landmark ruling, a German court states that Birkenstock sandals do not qualify as works of art and are merely practical footwear.
Birkenstock, once viewed as an unfashionable choice, has transformed into a trendy staple thanks to its comfort and celebrity endorsements, culminating in a recent court battle over copyright protection regarding its distinctive designs.
Birkenstock sandals may have become a trendy accessory, even featuring in the Barbie movie, but the German courts have officially ruled that they do not meet the standards of artistic works. The footwear company aimed to classify its iconic cork-soled sandals as art in an attempt to shield itself from market competitors selling imitation products. However, Judge Thomas Koch determined that the sandals' practical design does not exhibit the individuality required for copyright protection.
Historically, Birkenstocks were seen as unfashionable until they captured the hearts of style icons, including Kate Moss and more recently, the attention of actress Margot Robbie. The success of these sandals has mirrored the company's significant financial growth, with a valuation surging to about $8.6 billion on the New York Stock Exchange in 2023.
Under German law, a clear distinction is made between artistic works and design items. While works of art are granted 70 years of copyright protection after the creator's death, design items only receive 25 years from the filing date. With Karl Birkenstock, a key figure in the sandal’s design, still alive, the company sought to reclassify its products but was met with an unsupported claim.
In his ruling, Judge Koch indicated that the sandals lack the needed levels of creative expression to qualify them for art protection. The case underscores the evolving nature of fashion and design and the challenges companies face in protecting their trademarks in a highly competitive marketplace.
Birkenstock sandals may have become a trendy accessory, even featuring in the Barbie movie, but the German courts have officially ruled that they do not meet the standards of artistic works. The footwear company aimed to classify its iconic cork-soled sandals as art in an attempt to shield itself from market competitors selling imitation products. However, Judge Thomas Koch determined that the sandals' practical design does not exhibit the individuality required for copyright protection.
Historically, Birkenstocks were seen as unfashionable until they captured the hearts of style icons, including Kate Moss and more recently, the attention of actress Margot Robbie. The success of these sandals has mirrored the company's significant financial growth, with a valuation surging to about $8.6 billion on the New York Stock Exchange in 2023.
Under German law, a clear distinction is made between artistic works and design items. While works of art are granted 70 years of copyright protection after the creator's death, design items only receive 25 years from the filing date. With Karl Birkenstock, a key figure in the sandal’s design, still alive, the company sought to reclassify its products but was met with an unsupported claim.
In his ruling, Judge Koch indicated that the sandals lack the needed levels of creative expression to qualify them for art protection. The case underscores the evolving nature of fashion and design and the challenges companies face in protecting their trademarks in a highly competitive marketplace.
