Birkenstocks Aren’t Art, German Federal Court Says
A German federal court recently decided that Birkenstocks cannot be considered art, since they are just comfortable, popular footwear made of cork. After years of litigation, Germany’s Federal Court of Justice dismissed the intellectual property case against Birkenstock, which is especially known for its Arizona sandal, featuring wide-straps and large buckles. The court’s ruling stated that a product can not be copyrighted if “technical requirements, rules or other constraints determine the design.” Birkenstock, which is headquartered in Linz am Rhein in western Germany, filed a lawsuit against three competitors, arguing that they sold similar styles of sandals to four signature models. These models, Birkenstock said, are “copyright-protected works of applied art” that could not be copied. Related Articles Under German law, works of fine art are granted stronger intellectual property protections compared to the design or “applied art” of consumer products. The lawyers representing Birkenstock argued that German copyright law gave the sandal’s creators exclusive rights of use, just as they would for any artist or creator of literary works, computer programs, or paintings. Other …