In a recent landmark decision, the Federal Court of Justice in Germany has ruled that Birkenstock sandals, despite their rising popularity, do not qualify as works of art. The court dismissed claims that the iconic footwear should be protected under copyright law, affirming instead that they are practical design items. This ruling concludes a legal battle where Birkenstock sought to protect four of its sandal designs against imitations by three manufacturers and retailers.
The distinction between art and design plays a critical role in this case due to differing protections under German law. Art enjoys copyright protection lasting 70 years after the creator's death, whereas design protection only extends for 25 years from the date of filing. The court's decision underscores this legal distinction, indicating that Birkenstocks, while fashionable, do not meet the criteria for artistic protection. Thomas Koch, involved in the case, remarked on the requirements for such classification, stating:
"a degree of design must be achieved that shows individuality" – Thomas Koch
Birkenstock's legal journey began when it took action to defend its designs from being copied. The company has been vocal about its dedication to combating imitations, stating it "continues its fight against copycats with undiminished vigour" and is willing to exhaust "all legal means to defend itself against imitations." Despite this setback, Birkenstock remains a formidable presence in the market, having listed on the New York Stock Exchange in 2023 with a valuation of approximately $8.6 billion. This marks a significant increase in value since 2021.
The court's decision comes after two lower courts had previously heard the case with differing outcomes. Initially, the first court ruled in Birkenstock's favor, recognizing the designs as art. However, a second court overturned this decision, ultimately leading to the final judgment by the Federal Court of Justice. This ruling reflects the broader legal context regarding design versus art within German law.
Interestingly, the renowned shoemaker Karl Birkenstock, born in the 1930s, remains alive today. His company's transformation from uncool footwear to a fashion staple highlights its cultural impact. Notably, actress Margot Robbie donned a pair of pink Birkenstocks in the concluding scene of the 2023 hit film Barbie, further cementing their status in contemporary fashion.