Birkenstocks may be cool enough for Barbie, but sandals do not qualify as works of art, a German court ruled.
The company claims that its shoes can be classified as art and is thus protected by copyright laws in the event that it offers to stop the rivals who sell Copycat versions of sandals with a cork pad.
But the judge rejected the request, stating that the shoes were practical design elements – the Birkenstock decision called “a missed opportunity to protect intellectual property.”
The shoes of the company were once considered a few, but in recent years they have become extremely popular and have acquired more attention after actress Margo Robbie has wore a pink couple in the final scene of the hit movie about Barbie 2023.
The sandals, which are distinguished by their molded leg, are praised for comfortable and sturdy and very colorful options and strap styles have evolved after the original version, tied to leather in the 1960s.
Although it was initially rejected by the catwalks, it soon became a fashion element, marking the print of approval by Supermodel Kate Moss in the 1990s and even appeared on celebrities on the feet of the Academy Awards.
The company ended up Listed on the New York Stock Exchange in 2023 and was estimated at about $ 8.6 billion (£ 7.08 billion) – doubled in 2021.
Birkenstocks' popularity means that rivals often sell versions of knockout, which encourages the company to make a claim to protect what it calls its “emblematic design”.
In this case, Birkenstock took three retail manufacturers to the court, striving to protect four of its sandals designs.
German legislation distinguishes between design and art when it comes to a product. The design serves a practical purpose, while works of art have to show a certain amount of individual creativity.
The art is covered by the defense of copyright, which lasts 70 years after the death of the creator, while the design protection lasts 25 years from the moment the submission was made.
Trainer Carl Birkenstock, born in the 1930s, is still alive. As some of his sandals no longer enjoy the design protection, the company has tried to win copyright protection by striving to classify its shoes as an art.
But the claim was “unfounded,” said the presiding judge Thomas Koch.
His decision added that a “degree of design that shows personality” should be achieved to protect copyright.
Birkenstock said in a statement that “it continues its fight against Copycats with unallocated energy”, depleting “all legal means to defend itself from imitations.”
This decision of the Federal Court, the best civil court of Germany, is the final decision that comes after two more courts had heard the case and disagree on the matter.
The former managed in favor of Birkenstock until the second annulled this decision.