The German Federal Court ruled on Thursday, the 20th of February, that the world-famous Birkenstock sandals from the German shoemaker cannot be considered “works of art” protected by copyright, reports Politico.
By claiming copyright, Birkenstock had sought to push similar looking but cheaper imitations of its shoes off the market.
“These shoes are influenced by Brutalist architecture. This is very clear in certain elements of the shoes. That is why we are absolutely convinced that these shoes are an iconic design,” Birkenstock lawyer Konstantin Wegner told German public broadcaster ARD.
The company sued the makers of the Birkenstock-like shoes at the Cologne Regional Court, which initially ruled that the contoured cork soles could be classified as works of art.
However, the higher court in Cologne rejected the claim, stating that craftsmanship alone was not sufficient to prove that the design had an artistic concept.
Birkenstock appealed, but the Federal Court ruled that the higher court had acted correctly in stating that the company had failed to prove that the design of the sandals was based on artistic motives.
“In order to obtain copyright protection, a degree of design must be achieved which shows individuality,” the court said.
After the judgment was delivered, the company expressed disappointment but announced that it would continue legal proceedings against imitators of its sandals.
Birkenstock sandals are not “works of art”, says German court rejecting copyright request
