The German Supreme Court ruled that the Birkenstock sandals are not a work of art and are not subject to copyright protection. Informs about this News.ro .
Birkenstock sandals, which have turned from a counterculture symbol into a popular fashion item, are not considered art and, therefore, are not protected by copyright, as recently ruled by Germany's highest civil court. The German federal court rejected the claim of the German company Birkenstock, which tried to prevent competitors such as Tchibo from selling similar models.
"The claims are unfounded because the sandals are not copyrighted works of applied art," said Judge Thomas Koch.
According to German law, copyright protection is valid for 70 years after the death of the creator, while design protection ends after 25 years. The legal difference between design and art in German law lies in the purpose of the product: design performs a practical function, while works of applied art require a special level of individual artistic creativity.
Karl Birkenstock, a representative of the Birkenstock dynasty and the original creator of those scandalous sandals, was born in 1936 and is still alive. However, since the first designs were created in the 1970s, some sandals are no longer subject to copyright protection. As a result, the company's lawyers appealed to the court with a request to classify the sandals as works of art. The lawyer of Birkenstock, Konstantin Wegner, said that they have a "landmark design" and announced the continuation of the trial after the announcement of the decision.
"We intend to add arguments to these ongoing proceedings," Wegner said, without going into details.
Initially popular among hippies, technology enthusiasts and medical professionals, Birkenstock sandals attracted worldwide attention after Australian actress Margot Robbie appeared in pink sandals in the final scene of the 2023 Barbie movie.
The Birkenstock company, founded in 1774, has been run by the family of the same name for six generations until it sold a controlling stake in the American private investment company L Catterton, backed by French billionaire Bernard Arnault and his luxury goods empire LVMH.
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