Birkenstock Sues Rivals Alleging Its Sandals Are Applied Art

Birkenstock, a brand that was formerly dismissed as the choice of hippie-esque audiences, has been elevated to a fashion staple, partly because of the “Barbie” movie. Thanks Greta.

In three lawsuits, Birkenstock’s German manufacturers have filed accusations against alleged copycat competitors, including Tchibo. They claim that Tchibo copied Birkenstock designs and violated copyright laws. Birkenstock argues its sandals should be classified as “works of applied art,” deserving copyright protection.

Birkenstock was founded by Johannes Birkenstock in the 18th century. Since the 1960s, the signature contoured cork footbed has been a major part of the brand’s success.

In the past, Germany has protected iconic designs under its copyright law, including: The Porsche 356 car (protected by a 2022 ruling). Furniture by Swiss-French artist Le Corbusier. Bauhaus lighting designs.

The case has reached Germany’s federal court of justice. As far as the designs were concerned, Cologne’s higher regional court did not identify them as artistic achievements. The federal court is deliberating whether Birkenstocks meet the criteria for “applied art.”

A ruling was not expected immediately.

Arts in one place.

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