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Thursday, Feb 06, 2025
Outside the box.
Birkenstock Battles Copycats: German Court to Decide on Sandals' Artistic Status
The iconic ergonomic shoes face a legal showdown as makers seek protection under copyright law as 'works of applied art'.
Birkenstock, the renowned German manufacturer known for its ergonomic cork-soled sandals, is embroiled in a legal battle that could redefine the status of its products.
The company has filed three lawsuits against alleged copycat competitors, including Tchibo, claiming that these entities violate copyright law.
Birkenstock's lawyers argue that the sandals should be protected under copyright as 'works of applied art'.
The case ascended to Germany's Federal Court of Justice following previous conflicting judgments regarding whether Birkenstock sandals could be considered as such.
The legal proceedings aim to grant the shoe creators exclusive rights similar to those enjoyed by artists and creators of written works, computer programs, or paintings.
Birkenstock's roots trace back to the 18th century with its founder, Johannes Birkenstock.
The company is headquartered in Linz am Rhein, Rhineland-Palatinate.
Its trademark contoured cork footbed was introduced in the 1960s, significantly boosting the sandal's popularity, if not its fashion prestige at the time.
Despite its humble origins as a staple for 'muesli-loving, Guardian-reading hippies', the footwear has garnered high-fashion status, partly due to its appearance in the 'Barbie' movie.
The court case brings into focus four specific models that Birkenstock claims encapsulate its brand identity: the Arizona, Gizeh, Madrid, and Boston Clog models.
The Arizona, a two-strap classic, notably featured in the 'Barbie' film, was ironically likened to Cinderella's slipper.
This model also gained notoriety as a favorite of late Apple founder Steve Jobs, whose pair fetched nearly $220,000 at auction last year.
The other contested designs include the Gizeh, known for its flip-flop style between the toes, popularized by Heidi Klum; the one-strapped Madrid, associated with actress Sarah Jessica Parker; and the Boston Clog, a staple for reality TV star Kendall Jenner.
Birkenstock’s legal representatives note precedents in German law, citing protections extended to the Porsche 356 automobile and furniture by Swiss-French artist Le Corbusier, as well as Bauhaus art movement designs.
'Outstanding designs of everyday objects can also be protected by copyright,' stated Konstantin Wegner, Birkenstock's lawyer.
The pending decision from Germany's highest court, stemming from diverging lower court rulings, is eagerly anticipated.
Cologne’s higher regional court previously contested the notion that the sandal models demonstrate any 'artistic achievement'.
However, a definitive ruling remains awaited after the hearings on Thursday.
Birkenstock's legal pursuit is more than a mere fight against imitated products; it represents a broader challenge within intellectual property law.
As global markets and design rights evolve, the outcome could have ramifications far beyond the stylish steps of its iconic wearers.
The company has filed three lawsuits against alleged copycat competitors, including Tchibo, claiming that these entities violate copyright law.
Birkenstock's lawyers argue that the sandals should be protected under copyright as 'works of applied art'.
The case ascended to Germany's Federal Court of Justice following previous conflicting judgments regarding whether Birkenstock sandals could be considered as such.
The legal proceedings aim to grant the shoe creators exclusive rights similar to those enjoyed by artists and creators of written works, computer programs, or paintings.
Birkenstock's roots trace back to the 18th century with its founder, Johannes Birkenstock.
The company is headquartered in Linz am Rhein, Rhineland-Palatinate.
Its trademark contoured cork footbed was introduced in the 1960s, significantly boosting the sandal's popularity, if not its fashion prestige at the time.
Despite its humble origins as a staple for 'muesli-loving, Guardian-reading hippies', the footwear has garnered high-fashion status, partly due to its appearance in the 'Barbie' movie.
The court case brings into focus four specific models that Birkenstock claims encapsulate its brand identity: the Arizona, Gizeh, Madrid, and Boston Clog models.
The Arizona, a two-strap classic, notably featured in the 'Barbie' film, was ironically likened to Cinderella's slipper.
This model also gained notoriety as a favorite of late Apple founder Steve Jobs, whose pair fetched nearly $220,000 at auction last year.
The other contested designs include the Gizeh, known for its flip-flop style between the toes, popularized by Heidi Klum; the one-strapped Madrid, associated with actress Sarah Jessica Parker; and the Boston Clog, a staple for reality TV star Kendall Jenner.
Birkenstock’s legal representatives note precedents in German law, citing protections extended to the Porsche 356 automobile and furniture by Swiss-French artist Le Corbusier, as well as Bauhaus art movement designs.
'Outstanding designs of everyday objects can also be protected by copyright,' stated Konstantin Wegner, Birkenstock's lawyer.
The pending decision from Germany's highest court, stemming from diverging lower court rulings, is eagerly anticipated.
Cologne’s higher regional court previously contested the notion that the sandal models demonstrate any 'artistic achievement'.
However, a definitive ruling remains awaited after the hearings on Thursday.
Birkenstock's legal pursuit is more than a mere fight against imitated products; it represents a broader challenge within intellectual property law.
As global markets and design rights evolve, the outcome could have ramifications far beyond the stylish steps of its iconic wearers.
