German Court Rules: Birkenstock Sandals Are Not Artwork
Reuters reported a recent legal ruling by a German court regarding Birkenstocks’ status as works of art, which has significant implications for intellectual property protection.
The company had argued that its sandals should be classified as artistic creations in order to gain copyright protection and prevent competitors from selling counterfeit versions. However, the judge rejected this claim, stating that the shoes are practical design items rather than artworks.
Birkenstocks have undergone a transformation over the years. Once considered uncool, they gained popularity after actress Margot Robbie wore a pink pair in the final scene of the 2023 Barbie movie. The sandals feature a molded footbed and come in various colors and strap styles, making them both comfortable and fashionable.
The company’s growth has been substantial; it listed on the New York Stock Exchange in 2023 with a valuation of around $8.6 billiondouble its value from two years prior. Despite this success, Birkenstock continues to face challenges from imitation products.
German law distinguishes between design and art when protecting intellectual property. Design is meant for practical purposes and has shorter protection (25 years), while art enjoys copyright protection for 70 years after the creator’s death. Karl Birkenstock, the founder, was still alive at the time of this ruling, which means some designs lacked proper legal protection.
In an attempt to gain more robust intellectual property rights, Birkenstock tried to classify its footwear as art but failed in court. Presiding judge Thomas Koch ruled that for something to qualify as a work of art under copyright law, it must display individual creativity and uniqueness.
Despite this setback, Birkenstock vowed to continue fighting copycats with “undiminished vigour,” employing all legal means necessary to defend its designs from imitations. The final judgment by the Federal Court of Justice follows two conflicting decisions from lower courtsone in favor of Birkenstock and another overturning it.
