In brief
This decision comes amidst growing popularity and runway moments, despite the brand's attempts to safeguard its design from imitations.
In a surprising twist, a German court has decided that Birkenstock sandals are not considered art. This ruling puts a dent in the company’s claim that their popular footwear should be protected under copyright laws. Birkenstock had approached the court to stop rivals from producing knockoff versions of their cork-soled sandals, emphasizing their artistic value. However, the judge concluded that the sandals are practical design items instead of artistic creations.Birkenstock, once thought of as less fashionable, has made a stunning comeback, with notable support from celebrities like Margot Robbie, who sported a stylish pink pair in the 2023 Barbie film. The brand has evolved since its humble beginnings in the 1960s, becoming a favorite among consumers for its molded footbed and diverse color options. Its rise to fame saw Birkenstock listed on the New York Stock Exchange in 2023 with a valuation of around $8.6 billion.Despite its popularity, the brand faces challenges from competitors selling similar designs, prompting them to seek legal action to protect their "iconic" look. German law differentiates between artistic creations and practical designs, with art qualifying for 70 years of protection after the creator's death, while product designs only receive 25 years. Since the original designer, Karl Birkenstock, is still alive, the company's attempt to classify its sandals as art was met with skepticism, as the judge stated that for copyright protection, the design must showcase a unique level of creativity. Birkenstock remains determined to combat imitations, vowing to explore all possible legal avenues for protection.
