In a recent court ruling, the German footwear company Birkenstock failed to convince a judge that its popular sandals should be classified as works of art. The case was brought forth to prevent imitation versions from flooding the market, as the sandals have not only gained cult status with celebrities but also experienced a revival in popularity. The judge stated that while the sandals have evolved in style and remain comfortable and sturdy, they are, by their nature, practical design items rather than artistic expressions.
Birkenstock Sandals Denied Artistic Status by German Court
Birkenstock Sandals Denied Artistic Status by German Court
A German court rules that Birkenstock sandals are functional items rather than pieces of art, rejecting claims for copyright protection.
The enduring appeal of Birkenstocks has led to significant increases in revenue and market value, particularly following exposure from high-profile endorsements, including appearances by celebrities like Margot Robbie in the 2023 Barbie film. Despite their rise in status and popularity, the court determined that the footwear does not possess the individual creativity required for copyright status.
A differentiation exists under German law between art and design, with the latter serving distinct functional purposes and thus enjoying limited protection compared to art's lengthy copyright duration. This ruling not only highlights the ongoing evolution of fashion items but signals potential challenges for brands seeking to assert artistic claims over practical designs.
A differentiation exists under German law between art and design, with the latter serving distinct functional purposes and thus enjoying limited protection compared to art's lengthy copyright duration. This ruling not only highlights the ongoing evolution of fashion items but signals potential challenges for brands seeking to assert artistic claims over practical designs.
