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Birkenstocks are comfortable and local in the summer. German-made shoes are many colors and shapes. Sometimes they look stylish and sometimes they look shy. Can these sandals be considered art?
The German Federal Court of Justice was that he had to decide on Thursday, and they only managed they were comfortable shoes.
Birkenstock, located in Rhein in West Germany in West Germany, said he returned to 1774 of his scenes, filed a lawsuit against the three opponents who sells very similar sandals.
The shoe manufacturer claimed that the “copyright works protected by applied art works”, which were not simply imitated. Under German law, artwork enjoys the strongest and length of intellectual property protection of ordinary consumer products.
The company asked for a command to refrain from making their opponents from making copycat sandals and to commands and destroy those already in the market. No suspicious companies were identified in the statement.
Activity and Crafts Trumps Art
At the beginning of Germany’s highest court, the Serious Court of Court, this on Thursday, this was heard in two low trials, which did not agree on the issue.
Although the application of shoe models in Cologne for the first time in the regional court is the Order, the higher regional court of Cologne then canceled the appeal orders.
The Court of Appeal said he could not achieve artistic achievements in large-wretched sandals with a signature fork collision.
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Online buyers include “Dupes,” products that look like large brand names, but cheaper. Consumers say they should not be ashamed to want something more favorable, saying that they are more favorable, and the Derbent Diaban said that they say they have offended the bottom of the diarrhea.
On Thursday, the Federal Court of Justice fired his work with the Supreme Regional Court of Cologne Cologne. In his power, “If the design of technical requirements, rules or other restrictions is determined,” he said, there was no product protection of a product.
Thus, when it comes to Birkenstock sandals, the art of functionality and crafts trumps – at least in the eyes of the law.
“As for the protection of the artwork of art, for the protection of all other works – the level of design should not be very low,” the court said. “Using extraordinary design elements, the clean technical work is not suitable for the protection of copyright. On the contrary, the design level that reveals individuality should be obtained for copyright protection.”
