Fashion first: Buckle Ballerina shoes recognized as applied art under Danish copyright law.

The article focuses on a Danish copyright infringement case between the fashion house Ganni A/S and the American company Steve Madden Ltd concerning the design of Ganni’s Buckle Ballerina shoes. The Danish Maritime and Commercial Court ruled that the Buckle Ballerina shoes qualify as original works of applied art under Section 1 of the Danish Copyright Act 2023 and possess distinctive character and commercial distinctiveness under Section 3 of the Danish Marketing Act 2022, thereby granting them copyright protection. The court found that Steve Madden’s similar "Grand Ave" shoes infringed on Ganni’s rights, prohibiting their sale and marketing in Denmark. This judgment marks the first time Danish law has recognized shoes as copyright-protected applied art, contrasting with previous cases where such protection was denied due to lack of originality. The case highlights evolving legal interpretations of fashion products under copyright law and underscores ongoing legal disputes between the parties in both Denmark and the United States.