Birkenstock sandals are not works of art, German court rules

A German court is putting its foot down.Birkenstocks are not art.Birkenstocks are cool enough for influencers, Hollywood stars and even Barbie — but they do not qualify as art, Germany’s top court ruled Thursday.The company claimed that their shoes can be classified as art and therefore are protected by copyright laws.Birkenstock first released the Original Birkenstock-Footbed Sandal in 1963, featuring a flexible cork-latex footbed and a simple adjustable strap.

While the sandal tends to go in and out of the “cool” category, they’ve been a mainstay and continue to make A-list appearances, like from Kate Moss in the 1960s or from Margot Robbie in the 2023 “Barbie” movie.Because of their popularity, shoe rivals will often sell knock-off versions, or dupes, which prompted the company to seek copyright protection.The shoe manufacturer — which is headquartered in Linz am Rhein, Germany — filed a lawsuit against three competitors who sold shoes similar to theirs, claiming that the sandals “are copyright-protected works of applied art” that may not be copied, the Associated Press reported.In German law, products are distinguished between design and art.Design serves a practical purpose, while works of art need to display a certain extent of individual creativity, according to the BBC.

Design protection lasts for just 25 years from the filing, while works of art are covered by copyright protection for 70 years after the creator’s passing.Carl Birkenstock, born in the 1930s, is still alive.Birkenstock requested an injunction to stop the competitors, who were not identified in the court statement, from making copycats of their signature wide-strapped sandals with big buckles and ordering them to recall those already being sold.The judge dismissed the claim, saying it was “unfounded” and adding that for copyright protection, “a degree of design must be achieved that shows individuality.” Birkenstock deemed the ruling a “missed opportunity f...