Once uncool, Birkenstocks are now all the rage. But are they ‘art’? A court had to make a choice
Berlin: Birkenstocks. They are ubiquitous in summer, comfy and very German. Sometimes, they look chic and sometimes shabby. But can these sandals be considered art?
That’s the question Germany’s Federal Court of Justice wrestled with on Thursday, and it ruled they’re just comfy footwear.
The cork-soled sandals have enjoyed waves of popularity – supermodel Kate Moss brought them back to the fashion pages in the ’90s, and sales jumped after Margot Robbie wore a pink pair in Barbie – bringing with it knock-offs.
Birkenstock sales rose after a pair of the brand’s sandals were worn by Margot Robbie’s Barbie in the Hollywood hit.
Birkenstock, which is headquartered in Linz am Rhein, Germany, and says its tradition of shoemaking goes back to 1774, filed a lawsuit against three competitors and retailers who sold sandals that were very similar to its own.
The shoe manufacturer claimed its sandals were “copyright-protected works of applied art” that may not be imitated. Under German law, design serves a practical purpose, whereas works of art need to show a certain amount of individual creativity, the BBC reported.
Lesson in grounding: In seeking to go to the real world, Barbie is presented with a choice: “You can go back to your regular life or you can know the truth about the universe.”Credit: Screenshot/Warner Bros Pictures
Art is covered by copyright protection, which lasts for 70 years after the creator’s death, whereas design protection lasts for 25 years from when the filing was made.
Shoemaker Karl Birkenstock, born in the 1930s, is still alive. Since some of his sandals no longer enjoy design protection, the firm attempted to gain copyright protection by seeking to classify its footwear as art, the BBC reported.
The company asked for an injunction to stop its competitors from making copycat sandals and order them to recall and destroy those already on the market. The defendant companies were not identified in the court statement.
