Birkenstocks are not works of art, top German court rules in copyright case
GuardianFEB 19
German Court Rules Birkenstock Sandals Are Not Works of Art
Above: Sandals are displayed at a Birkenstock store on Oct. 10, 2023, in Venice, California. Image copyright: Ethan Swope/Stringer/Getty Images News via Getty Images
The Spin
Narrative A
Not only are Birkenstocks an iconic piece of art lauded by designers and made with aesthetics in mind, they are a product that deserves protection from unscrupulous copycats. Counterfeiting, especially in fashion, costs the EU tens of billions of euros and is responsible for loss of jobs. Creative industries die without effective and stringent copyright protection.
Narrative B
This was a rather cynical move from Birkenstock to seek protections merely to stifle competitors on flimsy grounds. For one, Birkenstocks are clearly utilitarian objects first and foremost, best known for their ability to mold to one's feet. This was the correct ruling, and will allow for greater competitiveness and choice for consumers.