German Court Declares Birkenstock Sandals as Practical Design, Not Art
Despite their popularity and iconic status, Birkenstock sandals have been ruled by a German court as not constituting works of art. The renowned footwear company had hoped to secure copyright protection for its sandals by arguing that they should be classified as art to prevent competitors from imitating their designs.
The court, however, rejected this claim, defining the shoes as items of practical design. Birkenstock expressed disappointment with the verdict, describing it as a missed chance to safeguard intellectual property.
Birkenstock sandals, once considered unfashionable, have gained significant popularity over the years. The brand gained further recognition when actress Margot Robbie was seen wearing a pink pair in the 2023 Barbie movie. The sturdy, comfortable shoes, featuring a moulded footbed, come in various colours and strap styles, a long way from their initial leather-strapped design in the 1960s.
Despite initial rejections from the fashion industry, Birkenstocks eventually earned fashion approval, with supermodel Kate Moss endorsing them in the 1990s. They even made appearances at the Academy Awards. The brand's popularity led to its listing on the New York Stock Exchange in 2023, doubling its value from 2021 to around $8.6 billion.
Due to their popularity, Birkenstock’s designs are often imitated, leading the company to seek legal protection for its "iconic design". In this particular case, Birkenstock targeted three manufacturers and retailers, aiming to protect four of its sandal designs.
In German law, a distinction is made between design and art in relation to products. Design serves a practical purpose, while art requires a certain level of individual creativity and is protected by copyright for 70 years after the creator's death. Design protection, on the other hand, only lasts for 25 years after it is filed.
Karl Birkenstock, the shoemaker born in the 1930s, is still alive. As some of his sandal designs no longer have design protection, the company attempted to secure copyright protection by arguing that its footwear is art.
Presiding judge Thomas Koch declared this claim baseless, stating that copyright protection requires a design that demonstrates individuality. Despite this setback, Birkenstock vowed to continue its battle against imitations, committing to use all legal resources to defend against counterfeits.
Germany's Federal Court of Justice issued this final judgement after two lower courts disagreed on the case. Initially, a court ruled in Birkenstock's favour, but a subsequent court overturned this decision.