Can sandals be art? Birkenstock says yes, but a German court says no
Briefly

The Independent highlights significant societal issues including reproductive rights and climate change while supporting journalism free from paywalls. In a separate case, Germany's Federal Court of Justice ruled that Birkenstock sandals are not considered works of art, dismissing the company's claim for enhanced copyright protections. This decision clarifies that only distinct and original artistic works are protected under German law, impacting Birkenstock's attempts to prevent competitors from producing similar designs. The case emphasizes the balance between protecting traditional craftsmanship and allowing competition in the marketplace.
Birkenstock argued that its sandals are 'copyright-protected works of applied art' and should not be legally copied, but the court ruled against this claim.
Germany's Federal Court ruled that Birkenstocks are simply comfortable footwear and do not qualify for the enhanced protections granted to works of art.
The ruling underscores a principle in German law where only distinct artistic creations are afforded greater intellectual property protections compared to regular consumer products.
With its long shoemaking tradition, Birkenstock sought to preserve its design integrity against potentially unfair competition from imitative brands.
Read at www.independent.co.uk
[
|
]