In brief
Birkenstock's attempt to classify its cork-soled sandals as art in order to protect them from copycat versions has been dismissed by a German court, reaffirming the distinction between functional design and artistic works.
In a significant ruling, a German court has stated that Birkenstock sandals do not constitute works of art, thereby denying the company's bid for copyright protection against imitation products. The legal decision comes as Birkenstock sought to safeguard its iconic design after a resurgence in popularity, particularly following an appearance in the blockbuster Barbie movie featuring actress Margot Robbie wearing a pink pair of the sandals.Historically regarded as unfashionable, Birkenstocks have experienced a remarkable transformation into trendy footwear, winning acclaim for their comfort and durability. The brand has evolved since its early leather-strapped models from the 1960s, diversifying into various colors and strap styles. Its revival in the fashion world began in the 1990s when supermodel Kate Moss endorsed the footwear, and they have since made appearances on red carpets, including the Oscars.The legal challenge arose due to the burgeoning imitation market, spurred by the brand's skyrocketing valuation, which reached around $8.6 billion following its recent listing on the New York Stock Exchange. However, under German law, distinguishing between design and art is crucial, as the former serves functional purposes while the latter requires an element of individual creativity.The court, led by judge Thomas Koch, deemed Birkenstock's assertion "unfounded," noting that for a product to be copyright-protected as art, it must exhibit a discernible level of innovative design. Given that Karl Birkenstock, the notable shoemaker behind the brand, is still alive, the court indicated that existing design protections offered to the sandals fall short of copyright's longer duration of 70 years after the creator's passing.Ultimately, the ruling underscores the challenges faced by companies in protecting their designs within the dichotomy of functional products and artistic expressions.
