Birkenstock sandals, which have advanced from an emblem of counterculture to a classy style merchandise, don’t qualify as artwork and are due to this fact not protected by copyright, Germany’s highest civil court docket dominated on Thursday.
The Federal Courtroom of Justice dismissed a lawsuit introduced by the German firm, which had sought to forestall rivals, akin to Germany’s Tchibo, from promoting comparable fashions.
“The claims are unfounded as a result of they (the sandals) usually are not copyright-protected works of utilized artwork,” presiding choose Thomas Koch stated.
Below German legislation, copyright safety is legitimate for 70 years after the creator’s demise, whereas design safety hinges on the product’s lifespan and ends after 25 years.
The authorized distinction between design and artwork in German legislation lies in a product’s goal. Design serves a sensible operate whereas works of utilized artwork require a discernible degree of particular person creative creativity.
Shoemaker and Birkenstock dynasty member Karl Birkenstock, born in 1936, is alive. Nonetheless, since he crafted his preliminary designs within the Nineteen Seventies, some sandals now not get pleasure from design safety.
In consequence attorneys requested the court docket to categorise the sneakers as artwork.
Konstantin Wegner, Birkenstock’s lawyer, stated the sandals had an “iconic design” and introduced additional litigation after the choice was introduced. “We wish to add arguments in these pending proceedings,” stated Wegner with out elaborating.
As soon as well-liked with hippies, tech lovers and medical professionals, Birkenstock gained widespread consideration after Australian actress Margot Robbie wore a pair of pink Birkenstocks within the closing scene of the 2023 hit film “Barbie.”
Based in 1774, Birkenstock was run by the namesake household for six generations till it bought a majority stake to L Catterton, a U.S. personal fairness agency backed by French billionaire Bernard Arnault and his luxurious items empire LVMH.
L Catterton remained Birkenstock’s largest shareholder after the corporate went public in 2023.
(Reporting by Ursula Knapp, writing by Thomas Seythal; Modifying by Sharon Singleton)
