German Court Rules Birkenstock Sandals Are Not Art, Denies Copyright Protection
In a landmark ruling on Thursday, Germany's Federal Court of Justice has declared that Birkenstock sandals, despite their popularity among celebrities and fashion enthusiasts, do not qualify as works of art and therefore are not entitled to strong copyright protections. The iconic sandal maker had sought to classify its footwear—known for its unique cork and latex soles—as artistic creations to fend off competition. The company aimed to stop German retailers Tchibo and Shoecom, along with Danish retailer Bestseller, from selling similar products, seeking damages and the removal of those items from the market.
However, the Karlsruhe-based court sided with a prior decision that deemed Birkenstock sandals not to meet the necessary criteria for copyright protection. The court emphasized that for a product to achieve such protection, it must exhibit a sufficient degree of design individuality. The ruling stated, "Pure craftsmanship utilizing formal design elements does not suffice," effectively ending a legal saga that began in May 2023.
Despite the courtroom setback, Birkenstock remains committed to protecting its brand integrity. Spokesman Jochen Gutzy stated, "We want to ensure that copycats can no longer make money at the expense of our brand." Founded in 1774 in a small south-western German community as a manufacturer of orthopedic footwear, Birkenstock has since evolved into a globally recognized brand. Its sandals have been embraced by a host of celebrities, including Katy Perry and Britney Spears, and were notably featured in the 2023 film 'Barbie,' where the character played by Margot Robbie swapped her high heels for a pink pair of Birkenstocks.
In a further twist, in 2021, the Birkenstock family sold its majority stake to L Catterton, a private equity firm linked to the luxury conglomerate LVMH and Bernard Arnault's family holding company, Financière Agache. More recently, the company launched an international public offering on the New York Stock Exchange in 2023, marking a new chapter in its storied history.
As the legal battle concluded, the ruling highlighted the ongoing conversation surrounding artistic expression in mass-produced goods and trademarks. While Birkenstock may not reclaim the artistic label, their transformation from uninspired orthopedic sandals to a fashion statement remains undeniable.
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