Judgment
Are Birkenstock’s art? The Federal Court of Justice says that
Birkenstock pressed the shoe. The company wanted to ensure that the competition did not sell similar sandals. For this they wanted to explain the mountain pines into art.
Birkenstock sandals are not art-if it is possible according to a new judgment of the Federal Court of Justice (BGH). You do not enjoy the extensive protection of copyright, as the BGH decided in Karlsruhe on Thursday. Birkenstock had moved to court because competitors sold similar shoes. (Az. I ZR 16/24 UA)
Birkenstock wanted to ensure that these competitors-Tchibo, the Danish fashion company Bestseller and Shoe.com, a daughter of the Wortmann group-were no longer allowed to sell their sandals. The lawsuit was unsuccessful in front of the Cologne Higher Regional Court, the revisions against the Cologne judgment were now rejected by the BGH.
250 years of Birkenstock: This is how the triumph of the eco -flap began
Straps, buckles and an orthopedic footbed: these are the trademark of Birkenstock shoes. The picture shows a model of the “Birkenstock 1774” series with leather- instead of sole sole
© Stern Montage: Photos: Birkenstock 1774
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Birkenstock wants to go to the European Court of Justice
The Higher Regional Court did not meet the prerequisites for the sandals to be considered works of applied art. Although it is a design classic, the creative scope for design is restricted by the purpose of the shoes. The BGH found no legal errors in the Cologne judgment.
After the judgment in Karlsruhe, representatives of Birkenstock pointed out that similar legal proceedings are still underway in Germany and other European countries. They rely on the fact that the European Court of Justice (ECJ) finally decides.
Copyright gives the creator the exclusive right of use at his work. The protection remains up to 70 years after the author’s death. Karl Birkenstock-the inventor of the Birkenstock sandals-is still alive. In contrast to design law, there is also no formal entry in a register for copyright protection.
AFP · dpa
RW
Source: Stern
