Birkenstock sandals are not art, just shoes, the German Court says after the cause of Copycat

Birqerstocks are comfortable and unbiquitous in the summer. German shoes have come to several colors and shapes. Sometimes they seek chic and sometimes i look shabby. But can these sandals be considered art?

That’s what the Federal Court of Germany had the righteousness of justice, decide on Thursday, and has role that are only shoes.

Birqerstock, who is the linz in the Western Germany and says its functional in the middle of 1774, he was exploded a cause of three competitors who have sold the sandals that were very similar to their.

The shoe manufacturer declared their sandal “are operated works of the applied art” can’t only be imitated. Seven the German law, works of art enjoy intellectual intellectual utterance from ordinating consumer products.

The company asked a command to stop the competitors to make copycat sandals and order to remember and destroy those already on the market. Accused companies were not identified in the Court statement.

Functionality and craftsmen trumps

Before the highest court of Germany for burdensome burdensome in Thursday, the case was heard of two lower courts, that you do not disagree on the problem.

While a regional court in colony shoes such as application works and granted the orders, the first region of DPA-Recel

The court workshop said it was unable to set any artistic accomplishments in the sandals broad wide with their chunky signature.

Thursday, the federal court of sided justice with the tallest region of colony and punched the case. In his kingdom, wrote that a product cannot be copyright if “technical requirements, rules or other limitations determine the design.”

So when it comes to Birkentstock sandals, functionality and artisan weapon trumps – at least in the eyes of law.

“For the Copyright Protection of the Applicable Artwork – how much the other types of work – the object level should not be too far,” the court wrote. “Creating a technical creation using formal design items is not eligible for the design protection .1, for Copyright Protection, a conceal level must be revenue revenue.”