Birkenstock's big loss court says sandals are not art!
- ByAakriti Garg
- 26 Feb, 2025
- 0 Comments
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Birkenstock, the famous German footwear brand, recently lost a legal battle after arguing that its sandals should be considered works of art. The company had taken three competitors Tchibo, Shoe.com, and Bestseller to court, accusing them of copying its designs.
Birkenstock wanted its footwear to be protected under copyright laws as applied art, meaning they would be recognized not just for their function but also for their artistic value.
However, Germany's Federal Court of Justice ruled against the brand, stating that Birkenstock sandals are practical fashion items, not art. The company was disappointed with the decision, calling it a "missed opportunity" to protect unique designs from imitation.
Birkenstock had tried to copyright four of its most popular sandal models Madrid, Arizona, Boston, and Gizeh. The brand hoped to stop copycats, often called “Fakenstocks,” from flooding the market.
If the ruling had gone in its favor, competitors might have been forced to stop selling similar sandals and even recall and destroy existing products.
Despite the court's decision, Birkenstock remains one of the most recognizable and trusted names in the footwear industry. The case raises a bigger question: Should fashion items be considered art? While the court said no, this debate is far from over.
With the growing importance of brand protection, we may see more companies fighting for their designs to be legally recognized as unique works of creativity.
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