Birkenstocks could also be cool sufficient for Barbie however the sandals don’t qualify as artistic endeavors, a German court docket has dominated.
The corporate had claimed its footwear might be categorised as artwork and so was protected by copyright legal guidelines in a case it put ahead to cease rivals promoting copycat variations of the cork-soled sandals.
However a decide dismissed the declare, saying the sneakers have been sensible design gadgets.
Birkenstocks have been as soon as deemed uncool however in recent times have change into vastly common, and gained extra consideration after actress Margot Robbie wore a pink pair within the closing scene of the 2023 hit Barbie film.
The sandals, which characteristic a moulded footbed, have been praised for being comfy and durable, and lots of color choices and strap kinds have advanced because the unique leather-strapped model within the Sixties.
Although it was initially rejected from the catwalks, it quickly grew to become a trendy merchandise, scoring a seal of approval from supermodel Kate Moss within the Nineties, and even appeared on superstar ft on the Academy Awards.
The corporate ultimately listed on the New York Inventory Trade in 2023 and was valued at about $8.6bn (£7.08bn) – double its value in 2021.
Birkenstocks’ recognition means rivals typically promote knock-off variations, prompting the agency to make the declare to guard what it known as its “iconic design”.
German legislation distinguishes between design and artwork relating to a product. Design serves a sensible goal, whereas artistic endeavors want to indicate a certain quantity of particular person creativity.
Artwork is roofed by copyright safety, which lasts for 70 years after the creator’s loss of life, whereas design safety final for 25 years from when the submitting was made.
Shoemaker Karl Birkenstock, born within the Thirties, continues to be alive. Since a few of his sandals now not get pleasure from design safety, the agency tried to achieve copyright safety by looking for to categorise its footwear as artwork.
However the declare was “unfounded”, presiding decide Thomas Koch mentioned.
His ruling added that for copyright safety, “a level of design should be achieved that reveals individuality”.
