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The Birkenstock sandal is recognisable for its big buckles, wide-straps, and cork-made sole. But the shoes do not qualify as works of art, Germany’s highest civil court has ruled.
The German shoe company had filed a lawsuit against three competitors who sold sandals that were similar to their own, by claiming its products “are copyright-protected works of applied art” that may not be imitated.
But the case was dismissed, with Federal Court of Justice judge Thomas Koch calling the claims “unfounded” because the sandals are not copy-right protected.
In his ruling, he wrote that for copyright protection to apply, “a level of design must be achieved that reveals individuality”.
Under German law, copyright protection is valid for 70 years after the creator’s death, while design protection hinges on the product’s lifespan and ends after 25 years.
The legal distinction between design and art in German law lies in a product’s purpose. Design serves a practical function, while works of applied art require a discernible level of individual artistic creativity.
Birkenstock creator and shoemaker Karl Birkenstock, who was born in 1936, is still alive, but since he crafted his initial designs in the 1970s, some sandals no longer enjoy design protection.
As a result, lawyers for the company asked the court to classify the shoes as art.
Lawyer Konstantin Wegner argued the sandals had an “iconic design” and said there would be further litigation after the federal court of justice’s decision was announced.
The case has proved contentious, having been heard at two lower courts previously, which disagreed on the issue.
A regional court in Cologne initially recognised the shoes as works of applied art and granted the orders, but Cologne’s higher regional court overturned the orders on appeal, according to German news agency DPA.
The appeals…
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