Irenebrination: Notes on Architecture, Art, Fashion, Fashion Law, Science & Technology

Value in What Already Exists: A Sneak Peek of The Danish Pavilion @ The 19th International Architecture Exhibition - La Biennale di Venezia

The Art or Architecture Biennale events transform the Giardini area in Venice into a vibrant hub of activity, brimming with visitors and creative energy.

However, once these major events conclude, the Giardini enter a quieter yet equally dynamic phase. In the months and weeks leading up to the next Biennale, artists, architects, and technical teams engage in a different kind of work, surveying spaces, conceptualizing installations, and initiating transformative interventions to prepare the pavilions for their new exhibitions.

Such is the case with the Danish Pavilion, which is undergoing preparations for the 19th International Architecture Exhibition, set to open on 10th May 2025.

The overarching theme of the Biennale Architettura 2025, curated by Italian architect and engineer Carlo Ratti, is "Intelligens. Natural. Artificial. Collective". The title of the event is condensed into a single term, "intelligens," combining "intelligence" with the Latin "gens" (people), suggesting an interpretation of intelligence that embraces inclusivity, multiplicity, and imagination, far beyond today's AI-centric discourse.

Responding to this theme, the Danish Pavilion, curated by architect Søren Pihlmann, founder of the Copenhagen-based office Pihlmann architects, presents the exhibition "Build of Site." This work-in-progress installation critically examines how rethinking and repurposing existing structures and resources can address some of architecture's most pressing challenges.

By framing architecture as both a discipline and a practice capable of adapting to a sustainable future, the exhibition advocates for innovative strategies that prioritize resource efficiency, environmental sensitivity, and the reimagining of built environments.

The Danish Pavilion at the Giardini in Venice is a historic architectural complex comprising Carl Brummer's 1932 building and Peter Koch's 1958 extension.

Søren Pihlmann is currently transforming the pavilion into a 1:1 experimental site, collaborating with leading experts from the Royal Danish Academy, the University of Copenhagen, the Technical University of Denmark, and ETH Zurich.

By adopting hyper-local strategies for reclaiming materials, Pihlmann and his team aim to redefine architectural practices through hands-on maintenance and material reuse directly within the pavilion itself.

In these months of preparation heading towards the Biennale, Pihlmann has conducted a comprehensive study of the Danish Pavilion to increase the usability of materials already present in the building and combine them with bio-based binders. The result is a living demonstration of sustainable design principles that could serve as a replicable model for buildings globally.

Pihlmann's methodology is exemplified by his recent project, Thoravej 29, a transformation of a former Copenhagen-based factory from the '60s into an open community hub.

Awarded the title of Denmark's Building of the Year 2024, the project achieved an impressive 95% reuse of the existing materials, showcasing the viability and aesthetic potential of resource-efficient architecture. At Thoravej 29 each layer of the structure, even those traditionally deemed insignificant, was indeed viewed as an asset. Much of the existing material was retained and repurposed according to its inherent qualities to meet the needs of the project.

This is not the first time national pavilions or installations in Venice have embraced material reuse and recycling. At the 18th International Architecture Exhibition, the U.S. Pavilion highlighted the role of plastic in our lives, showcasing a series of recycled projects. During the same event The German Pavilion served instead as a warehouse of leftover materials from the 2022 Art Biennale, catalogued and repurposed with assistance from Rebiennale/R3B, a local platform dedicated to reducing waste and facilitating installation processes.

Recycling also inspired the 2016 Architecture Biennale installations dubbed "Maria Reiche's Room" at the Giardini and Arsenale, where 100 tons of waste materials from the 2015 Art Biennale, including 10,000 m² of plasterboard and 14 km of steel studs, were creatively reassembled, offering visitors a powerful lesson in sustainability and lateral thinking.

In previous exhibitions, visitors were encouraged to reflect on the hidden value of materials, and the Danish Pavilion will carry this dialogue forward.

Central to this year's Biennale is the provocative question: will we ever be able to design a building as smart as a tree? This query underscores the urgency of reducing atmospheric emissions and addresses architecture’s significant role in the degradation of our planet. As the climate crisis intensifies, we must ask if architecture can lead with substantial, non-cosmetic solutions that are both effective and immediate.

The Danish Pavilion will attempt to provide us with an answer from a technical perspective and visitors will gain rare access to the creative and technical knowledge typically hidden behind the scenes, as the pavilion itself becomes both subject and site for renovation.

The pavilion's architectural philosophy fundamentally challenges conventional construction by prioritizing the resources already at hand, a perspective that transcends architecture to influence fields such as art, engineering, biology, data science, social and political sciences, and even fashion.

As Søren Pihlmann aptly states, "We've already created everything we need. That's why we must become better at understanding and finding value in what already exists."

Image credits for this post

1 and 2. Carl Brummer (1864-1953) architect, The Royal Library - The Art Library

3, 4, 5, 6 and 7. Work in progress at The Danish Pavilion, The 19th International Architecture Exhibition - La Biennale di Venezia, Venice. Credit: Hampus Berndtson

8, 9 and 10. Work in progress at The Danish Pavilion, The 19th International Architecture Exhibition - La Biennale di Venezia, Venice. Credit: Pihlmann Architects

Synthesizing & Reinterpreting Traditions Through a Modern Lens: Revisiting Flávio de Carvalho's Columbus Lighthouse

In the previous post we looked at Flávio de Carvalho's outfit for "Experiência Nº 3". Let's continue the thread by looking at one of his architectural projects, the one for the Farol de Colombo (Columbus Lighthouse).

After studying in Europe, Flávio de Carvalho began his career in Brazil in 1922 as a structural engineer in São Paulo, a city undergoing rapid urbanization. In 1927, under the pseudonym "Efficacia," he took part in a competition for the Palácio do Governo do Estado de São Paulo, presenting a bold, modernist design inspired by Le Corbusier. His concept featured a fortress-like structure with airstrips, bomb shelters, floodlights, and terraces planted with native flora to attract birds. The uppermost level included an aviation base with landing fields and platforms for fighter planes, while the basement housed ammunition storage.

Carvalho's proposal was highly provocative and clashed with the conservative preferences of official competitions, reflecting his manifesto-like approach to architecture. Le Corbusier called him a "romantic revolutionary," admiring how Carvalho's designs merged art and science while celebrating engineering's alignment with the modern spirit. Carvalho later submitted innovative designs for the Argentine Embassy in Rio, the University of Minas Gerais, and the Assembleia Legislativa in São Paulo.

In 1928, the Pan-American Union launched a competition to design a lighthouse in Santo Domingo, Dominican Republic, dedicated to Christopher Columbus. Flávio de Carvalho's submission featured an external structure reminiscent of concrete skyscrapers, while the interior design drew from a diverse array of Amerindian cultures, including the Aztec, Guarani, Maya, Marajoara, and Toltec. This strikingly anthropophagic blend of forms and cultures reflected a deliberate effort to synthesize and reinterpret traditions through a modern lens.

The exterior of the lighthouse was characterized by bold colors such as red, yellow, black, and green to symbolize connections between American and pre-Columbian cultures. Carvalho's design emphasized pure forms and balanced symmetry, with a vertical volume that imbued the structure with a monumental grandeur befitting a lighthouse. Internally, his commitment to engaging with the pre-Columbian past was evident in the materials and motifs: perforated iron grilles, ceramic floor patterns inspired by Marajoara art, and the incorporation of indigenous symbols, hieroglyphs, and decorative elements. Carvalho's design not only celebrated modernism but also established a profound dialogue between contemporary innovation and ancestral heritage.

In 1930, at the 4th Pan-American Congress of Architects in Rio de Janeiro, Flávio de Carvalho introduced himself as an "anthropophagic delegate," referencing the concept of anthropophagy (cultural cannibalism) famously articulated in Oswald de Andrade's Manifesto Antropófago (1928). This Brazilian Modernist principle advocated for metaphorically "devouring" foreign influences, that is absorbing, transforming, and reimagining them into something authentically Brazilian, rather than imitating or outright rejecting them.

For Carvalho, anthropophagy was a form of creative rebellion, a means to challenge the dominance of European standards and values imposed through colonization. His approach merged European modernist elements with Brazil's unique historical, social, and environmental contexts, blending indigenous, Afro-Brazilian, and local cultural expressions. His Summer Suit, a garment designed for comfort in tropical climates and a critique of restrictive Western attire, exemplified this principle, as did his architectural works, such as the lighthouse project.

The lighthouse embodied Carvalho's anthropophagic ethos incorporating modern materials and forms while drawing heavily from pre-Columbian cultures. This synthesis was not about appropriation, but about creating new cultural expressions, harmonizing local traditions with global modernist ideals and through architectural forms that at times also seemed to evoke the architectures of Antonio Sant'Elia (think about Sant'Elia's towering skyscrapers, power plants and futurist stations for trains and airplanes).

Going through Carvahlo's projects and his concept of anthropophagy could inspire fields beyond architecture, including fashion: the project for the lighthouse in particular with its forms and patterns could maybe inspire new ways to blend and reimagine traditional elements with a contemporary perspective and apply them in areas such as knitwear design.

Fashion as a Revolt Against Conventions (Notes on Flávio de Carvalho's "Experiência Nº 3")

Pitti Uomo closes tomorrow in Florence, while, on the same day, the menswear season kicks off in Milan, to continue in Paris next week. The start of each fashion season carries its usual air of excitement, but also a familiar fatigue that often surfaces in the form of mass-adopted trends, signs of a collective preference for conformity over individuality (consider the ubiquitous micro beanie hats, now a must-have among trade show and runway crowds, hardly a statement of rebellion...). To inject a touch of defiance into the season, let's revisit a moment when fashion, menswear, and politics collided in a bold performance.

On October 18, 1956 (so next year we will celebrate the 50th anniversary of this performance), Brazilian artist Flávio de Carvalho (1899–1973) shocked São Paulo’s society by walking down Rua Barão de Itapetininga in an outfit that reimagined the boundaries of gender and design.

Dubbed the "Traje de Verão" (Summer Suit) or "New Look Tropical" (Tropical New Look), Carvalho's ensemble featured a green pleated skirt above the knee, fishnet stockings (optional and borrowed from actress Maria Della Costa), a short-sleeved cotton and organza blouse, a nylon hat, and leather sandals.

 

 

This avant-garde ensemble was Carvalho's response to Christian Dior's iconic New Look, introduced in 1947, a definition coined by Harper's Bazaar editor Carmel Snow. Dior's silhouette was a celebration of abundance after years of wartime austerity; Carvalho's take, however, subverted the codes of masculinity and promoted climate-specific practicality.

The artist's stroll through São Paulo became an impromptu performance. With a solemn expression, Carvalho walked the streets, attracting curious onlookers. He stopped for coffee at a bar before entering the Cine Marrocos. In an act of subtle defiance (the cinema had a strict dress code requiring suits and ties), he purchased a ticket and entered the venue. He exited through another door, baffling staff and continued to the offices of the Diário Associados newspaper.

There, Carvalho climbed onto a table, transforming himself into a living exhibit. He delivered philosophical musings to the gathered crowd before retreating to the newsroom, changing into a white skirt and red blouse, and concluding his performance with another coffee before returning home by car.

The performance, later known as "Experiência nº. 3", was a multidisciplinary act merging sociology, anthropology, fashion, visual arts, theatricality, and literature. Above all, it was a protest against colonialism, embodied in an outfit that challenged the European norms dominating men's fashion in 1950s Brazil.

Urban architecture and public space were integral to the performance, with the street transforming into a stage for creativity. This deliberate disruption of daily life sparked conversations about masculinity and colonialism, showcasing the power of fashion as a tool for rebellion. Unlike Carvalho's earlier "Experiência nº. 2" in 1931, which provoked violent outrage, "Experiência nº. 3" ignited debate without direct physical backlash.

In "Experiência nº. 2", Carvalho had walked against the flow of a Corpus Christi procession in Praça da Sé, wearing a cap, a deliberate affront to religious tradition. During this sacred procession, hats were customarily removed as a sign of reverence, and interruptions were unthinkable. By defiantly wearing his cap and allegedly muttering anti-clerical remarks, Carvalho provoked anger among the faithful, inciting threats of lynching. 

What distinguishes "Experiência nº. 3" is its foundation in long-term research rather than a fleeting interest in menswear. Carvalho viewed clothing as a powerful medium for both individual expression and decolonization. This perspective was deeply rooted in his earlier work.

In the early 1930s, Carvalho published a series of 39 illustrated articles in the Diário de São Paulo under the title "A moda novo homem" (The New Man's Fashion). These articles examined the evolution of attire through history, drawing inspiration from the clothing of Minoan and Mycenaean civilizations. For Carvalho, fashion was not merely aesthetic but a tool for redefining identity and challenging societal structures. 

Flávio de Carvalho viewed jackets, collars, and ties as relics of European colonization, ill-suited to Brazil's tropical climate and symbolic of a cultural conformity. His vision for radically reimagining Brazilian men's clothing aimed to dismantle these Eurocentric norms and propose a more liberated, climate-conscious approach to menswear.

Photographs of "Experiência nº. 3" vividly capture the contrast between Carvalho and the men around him. Standing apart in his bold, unconventional attire, Carvalho challenged the monotony of the prevailing dress code. The other men, dressed uniformly in garments dictated by social class and European influence, embodied the norms he sought to disrupt.

For this groundbreaking performance, Carvalho collaborated with Maria Ferrara, costume designer for the Ballet do IV Centenário da Cidade de São Paulo (for which Carvalho had designed sets and costumes). The outfit initially incorporated stays to prevent fabric from touching the skin enhancing comfort in high temperatures, but this proved ineffective and was ultimately removed. Carvalho's engineering background influenced the design's functional aspects: ventilation cuts, particularly under the arms, facilitated airflow and sweat evaporation, practical adaptations for Brazil's climate.

Color was another critical element of Carvalho's design philosophy. He believed vibrant hues could liberate men from the austere monochromes of traditional suits and ties, making men happier and more docile, "less irritable and obtuse". His vision therefore extended beyond practicality, hoping to free men from the constraints of prejudice and taboo. 

Carvalho's outfit was a manifesto for a man unshackled by societal norms, one who could embrace sartorial freedom and challenge traditional gender roles and class divides. If women could take an interest in menswear, why couldn't men explore elements of women's clothing? Carvalho's ideas anticipated the modern push for sartorial equality and liberation, laying the groundwork for the gender-fluid designs embraced by contemporary fashion.

Though Carvalho initially envisioned showcasing the outfit alongside a larger group dressed similarly, this plan never materialized. His friends Giuseppe Ungaretti and Alberto Moravia expressed interest in supporting a potential demonstration in Rome, but the concept was never exported beyond Brazil.

Having studied engineering in England before shifting his focus to fine arts, Carvalho approached the "Traje de Verão" (Summer Suit) as an act of rebellion, it was, as stated above, his way of resisting the oppressive conventions that forced men in tropical climates to dress as though bracing for snow.

An architect, engineer, visual artist, set designer, theorist, writer, playwright, and cultural provocateur, Carvalho ended up anticipating modern trends that have embraced genderless aesthetics and designers incorporating skirts into menswear collections.

Carvalho never aimed to be a fashion designer, but you can't help but wish that more designers today embodied his spirit, and envisaged fashion as a bold political statement, fuelled by Carvalho's optimism, courage and rebellion.

The Case for R&D in Fashion

In yesterday's post, we looked at the possibilities of an AI generative platform designed to accelerate workflows for fashion designers and brands. However, faster doesn't always mean better. Speed often comes at the expense of creativity, well-being, and the human touch that defines the art of design. Slowing down, taking the time to reflect, breathe, and rediscover the essence of what we do (in all sorts of fields...), is indeed vital to regain the energy to go on in life.

In a recent interview with Women's Wear Daily, Dutch designer Iris van Herpen, a guest member of the Fédération de la Haute Couture since 2011, announced a change in her creative process. Starting this year, van Herpen will present just one couture collection annually, opting to showcase her designs exclusively in July. While her decision may be seen by many as financially motivated, given that reducing runway shows could lead to significant cost savings, this shift was actually prompted by the desire to dedicate more time to research and development.

While this decision means there will be no van Herpen collection on display this January, it signals that there may be further exciting collaborations ahead, maybe with artists, and scientists, with a potential expansion of designs (her collections usually feature around 15 looks).

Van Herpen's choice reflects the care she invests in her creations, her work after all often spans years of collaboration and material experimentation. A case in point: her visit to CERN (the European Organization for Nuclear Research) in Geneva years ago, marked a turning point in her design journey: inspired by the science behind the Large Hadron Collider (LHC), van Herpen carried out further researches into technologies and materials in the years that followed.

While van Herpen is no stranger to innovation, her work also pays homage to traditional couture techniques such as hand-pleating and embroidery, meticulous processes that require countless hours of development. Yet, integrating modern materials into these traditions demands even more time and experimentation.

While initially experimenting with 3D printing when it could only produce rigid structures, as advancements that could create softer, more pliable materials arrived on the scene, she integrated them into her designs, giving them a softer edge. Techniques such as silicon molding and water-jet cutting have also been integral to her creative evolution.

More recently, she has been exploring 4D printing - a cutting-edge process that builds on 3D printing techniques to create objects capable of altering their shape or properties predictably over time in response to environmental factors such as water, air, heat, or electric currents (at present, this technology remains in its infancy). On multiple occasions, she has expressed a desire to experiment with "Quantum Stealth," a (patented) non-powered adaptive camouflage that acts like an invisibility cloak by bending light around an object to make it seemingly disappear.

But carrying out experimenting with these techniques demands time (a resource often scarce in the fast-paced world of fashion...): for instance, in her 2021 collection, elite French skydiver Domitille Kiger wore a heavily embroidered gown while free-falling headfirst at 300 kilometers per hour. The creation of the "Skydiver Gown" posed unique challenges with fittings that took place not in an atelier but at the City Skydive wind tunnel in Utrecht and at an airfield in England. The process, driven by trial and error, required fabrics and embellishments capable of withstanding extreme wind forces. Similarly, her Spring 2023 couture collection showcased dresses that endured a week of submerged filming on French free diver Julie Gautier.

Exhibition organization is another area that requires a significant investment of time and in addition to her collections, van Herpen juggles the demands of exhibitions.

Her retrospective at the Musée des Arts Décoratifs in Paris ("Sculpting the Senses"), which also travelled to Brisbane, is also heading to the ArtScience Museum in Singapore this March and will then keep on travelling, going back to The Netherlands at the end of the year. Although curated by others, these exhibitions require the same level of care and creativity as her runway shows.  

There isn't always a pressing need to produce something entirely new every six months, especially when it comes to couture. Besides, Van Herpen's couture clients don't necessarily select gowns from her latest collections, but opt for custom pieces or designs from her archives, adapting them to suit their vision.

While couture is often described as a "laboratory of ideas," setting trends that ripple into ready-to-wear collections, its frequency feels unnecessary in times of growing inequalities and global challenges. Instead, why not dream once a year and dream better? By pausing to reflect, experiment, and explore, Van Herpen demonstrates the power of patience and the beauty of deliberate creation in an industry often defined by relentless speed.

This philosophy could benefit other areas of fashion, including tradeshows. Imagine if these events dedicated more space to research and development rather than chasing fleeting trends. While R&D sections may not generate immediate revenue for organizers, they pay off in the long term by nurturing stronger and more innovative designers (after all, how many "next big things" heralded at Pitti in Florence over the past 15 years have endured the test of times?).

Taking time to breathe, rethink, and invest in the foundations of creativity is not just a luxury, but a necessity for ensuring a more sustainable and meaningful future for fashion.

Fast, Fluid or Flawed? The Pros & Cons of an AI-Powered Fashion Design Platform

Artificial Intelligence (AI) has reshaped numerous industries in the past three years, driving rapid advancements and sparking both innovation and controversy. Initial concerns centered around copyright infringement and the proliferation of fake AI-generated images.

However, many companies, from media giants to the beauty industry, have embraced AI with a more strategic and integrated approach. For instance, the Financial Times (FT) announced a partnership and licensing agreement with OpenAI to enhance ChatGPT's capabilities by integrating attributed content from FT journalism. Similarly, Estée Lauder Companies adopted ChatGPT Enterprise to optimize its operations. 

The fashion industry has also shown significant interest in leveraging AI, though applications vary widely. While some brands experimented with AI-powered advertising, fashion retailers are adopting AI tools to update products rapidly, align with social media trends, and meet evolving consumer expectations.

Enter Raspberry AI, a generative AI platform tailored specifically for fashion creatives (yes, do not confuse it with the computer module Raspberry Pi, two different things, even though the platform's name definitely evokes the computer module name...).

Founded by Cheryl Liu, a former private equity analyst at KKR who later worked with Amazon and DoorDash, Raspberry AI offers an end-to-end design solution for brands. The platform enables users to create lifestyle photography, product images, technical drawings and prints using images or simple text prompts.

With the support of the platform designers can therefore carry out a variety of tasks, from product testing to generating CAD files in just a few minutes, reducing the time and cost associated with traditional design workflows, including costly photo shoots.

Unlike general AI tools like Midjourney, DALL-E, and Adobe Firefly, Raspberry AI is trained to understand the nuances of fashion-specific and manufacturing terminology. For example, Liu highlights in press releases that when describing a "fuzzy sweater," Raspberry AI accurately interprets the underlying design and material details that other platforms might overlook.

The platform also offers enhanced functionality: designers can generate images directly from sketches, a feature that sets Raspberry apart and caters specifically to the needs of fashion professionals.

Tutorial videos on Raspberry AI's YouTube channel offer a clear glimpse into the platform's capabilities. Tutorials show how to transform sketches into photorealistic renderings that capture the minutest details of how products will look or how accessories can be visualized in new patterns, fabrics, or even transformed using not just a pattern or a fabric but unconventional materials, such as a transparent plastic cube. The platform also enables users to blend garments like blazers and outfits to create entirely new designs.

This transformation in workflow doesn't just save time on repetitive tasks, but mainly helps designers playing around and refine certain products, coming up with new ones based on a company's best-sellers. By accelerating design cycles, the platform enables more SKUs (stock-keeping units), faster time-to-market, and reduces the risk of overstock, a persistent challenge in the fashion industry.

Since its launch in 2022, Raspberry AI has quickly become integral to the workflows of leading companies, including Boston Proper, Gruppo Teddy (Terranova, Rinascimento, Calliope and QB24), Li & Fung, MCM Worldwide, and Under Armour. So far Raspberry AI has attracted 70 customers.

The company's rapid growth has also drawn significant investment. Raspberry AI has indeed just secured $24 million in Series A funding, led by Andreessen Horowitz, a firm specializing in technology-driven companies across AI, healthcare, consumer technology, and more. Other participants included existing investors such as Greycroft, Correlation Ventures, and MVP Ventures. This follows a $4.5 million seed round completed just 10 months earlier.

The use of Raspberry AI presents clear advantages. By saving time and reducing costs, the platform allows companies to bypass lengthy physical sample orders. Designers can instantly visualize products that would typically take weeks to produce and explore hundreds of potential combinations something that would be prohibitively expensive and time-consuming in a traditional setting.

However, these benefits come with significant drawbacks. The focus on rapid production and countless iterations could exacerbate the problem of overproduction, emphasizing quantity over quality (and talking about quality, it must still be improved in some features of the Raspberry AI platform, especially when it comes to lifestyle photography...). In a world already saturated with trends, the true value lies indeed in creating timeless style over fleeting fads. As Vivienne Westwood famously championed, "Buy Less, Choose Well, Make it Last," a principle many in the industry struggle to uphold.

Besides, while reducing production times and costs can enhance profitability (yet again costs may rise as you may end up handling a larger number of SKUs, that can complicate storage, tracking, and replenishment....), it may also lead to job cuts and contribute to unemployment. The push for faster output also risks feeding consumer overconsumption rather than addressing deeper questions about sustainability and empowerment through design. And, last but not least, designers may grow reliant on the platform, potentially diminishing traditional skills like sketching or manual design processes.

Yet maybe Raspberry AI's potential extends beyond these functions. The company's machine learning team collaborates with enterprises to custom-train AI models that learn a brand's unique DNA, aesthetic, collections, and fabric libraries. This feature offers exciting opportunities, transforming the platform into a personalized archive that can be endlessly remixed, something ideal for large fashion houses looking to maintain consistency while exploring innovation.

In addition to design applications, Raspberry AI could revolutionize the way consumers engage with fashion in other ways. Imagine interactive installations at exhibitions where visitors could play around with archives or experiment with designs, or trade show environments where companies and buyers collaborate to customize catalogue items in real-time to provide more unique selections.

Time will tell if this will happen for Raspberry AI. In the meantime, the company plans to leverage its recent funding to recruit talent across engineering, sales, and marketing, while expanding into home decor, furniture, and cosmetics product design, aiming to showcase the platform's versatility and its potential to transform multiple industries.

Provocation as A Strategy to Spark Change: Oliviero Toscani, Photographer & Master of Controversy (1942 - 2025)

Photographers and creative minds worldwide are paying tribute to Oliviero Toscani, the Italian photographer and visionary behind some of the most provocative advertising campaigns of the 20th century. Toscani passed away today at the Cecina hospital in Tuscany at the age of 82, following a battle with amyloidosis.

In his honor, Benetton, the company where Toscani served as art director for two decades, shared a heartfelt post featuring one of his iconic images: a hand offering a bouquet of flowers, accompanied by the message, "In order to explain certain things, words simply don't suffice. You taught us that. And with that said, we'd like to pay tribute to you with a photo that you took for us many years ago, in 1989. Farewell Oliviero. Keep on dreaming."

Born in Milan on February 28, 1942, Toscani inherited his passion for photography from his father, a photographer for the Italian daily Corriere della Sera. His artistic journey began early and led him to study photography and graphic design in Switzerland.

His career took off when Annabella, an Italian magazine, saw some of his first fashion photographs. From there, Toscani's portfolio grew to include prestigious titles such as Harper's Bazaar, French Elle, and Italian and British Vogue, as well as collaborations with fashion brands like Fiorucci.

In the 1970s, Toscani partnered with Emanuele Pirella to create groundbreaking campaigns for Jesus Jeans, Italy’s first denim brand. Their slogans, including "Thou shalt not have any other jeans but me" and "Those who love me, follow me," emblazoned on the denim-clad buttocks of model Donna Jordan, sparked controversy and debates.

Toscani also worked for interior design companies such as B&B Italia: in 1972 he took a picture of Mario Bellini's iconic sofa, Le Bambole, combining fashion and design for the first time in a commercial campaign.

Toscani’s work reached new heights of influence during his tenure with Benetton from 1982 to 2000. Known for using advertising as a platform to tackle social issues, his campaigns provoked global debate and forever altered the landscape of fashion and marketing.

In the early 1980s, Benetton revolutionized fashion advertising with images of young people in colorful clothing set against a neutral white background. These campaigns, paired with the iconic "United Colors of Benetton" slogan, conveyed a message of diversity and unity. Celebrating optimism in a multicultural, carefree world, the early ads exuded joyful exuberance, showcasing vibrant garments as a metaphor for inclusion.

Behind these images was a skilled and cohesive team: Oliviero Toscani, stylist Caroline Baker, hairstylist Valentin Mordack, makeup artist Marc Schaeffer, and Benetton's Artistic Director Bruno Suter.

Their synergy ensured the campaigns' coherence and impact. Benetton's model scouting was unconventional for the time, often taking to the streets, with casting processes lasting weeks to find faces that truly represented the brand's message.

However, Benetton's campaigns weren't confined to cheerful imagery. Toscani's vision often veered into controversial territory, using advertising to challenge societal norms. A nun kissing a priest (A/W 1991; a stark critique of religious celibacy that infuriated the Vatican when it first came out), a newborn still attached to her umbilical cord (A/W 1991), and three raw hearts labeled "white," "black," and "yellow" (S/S 1996) were among the images that sparked further debates.

One of the most provocative and widely discussed images remains the 1990 photograph of David Kirby, taken by journalism student Therese Frare. Kirby, an AIDS patient, lay on his deathbed, surrounded by his grieving family. Critics labelled the campaign (S/S 1992) as shocking and opportunistic, yet Kirby's family defended the use of the image.

"We never had any reservations about allowing Benetton to use Therese's photograph in that ad," David Kirby's mother, Kay, told LIFE. "What I objected to was everybody who put their two cents in about how outrageous they thought it was, when nobody knew anything about us, or about David. My son more or less starved to death at the end. "We just felt it was time that people saw the truth about AIDS, and if Benetton could help in that effort, fine. That ad was the last chance for people to see David a marker, to show that he was once here, among us."

Toscani consistently maintained that Benetton was not merely selling clothes but using its platform to address pressing social issues. By looking at themes that traditional advertisers shied away from, Toscani and Benetton redefined the boundaries of advertising, transforming it into a medium for impactful social commentary.

In the years that followed, Toscani continued to push boundaries with powerful imagery. Themes such as peace were starkly represented by the blood-stained clothes of Marinko Gagro, a young man killed near Mostar, Bosnia-Herzegovina, in 1993 (S/S 94 campaign). Another striking campaign tackled the death penalty.

Toscani emphasized in interviews that his work was about communicating ideas, not producing mere advertisements, like his 1986 "Globe" series, which conveyed a message of peace through imagery of young people, including a Jewish boy and a Palestinian boy, holding the world in their hands (a theme that foreshadowed the Spring/Summer 1998 campaign, showcasing the stories of ordinary Jews and Palestinians in Tel Aviv, Jerusalem, and Hebron).

However, the controversial nature of Toscani's work often met resistance. Many of his Benetton ads were banned in various countries and publications. The campaign featuring Gagro's bloodied clothes sparked intense debate in the UK Parliament, where the House of Commons condemned it as "sick and loathsome" and filed a petition against it in 1994.

In the 1990s, Toscani expanded his creative vision by launching Colors magazine, a publication blending global culture with social commentary. He also conceived Fabrica, Benetton's innovative think tank and communication research center.

In the years that followed, Toscani shifted his focus to personal projects and exhibitions such as the "Workwear" event, held in 2009 at Florence's Stazione Leopolda. This exhibition offered a historical exploration of workers' attire through the centuries, examining the interplay between workwear, fashion design, and safety. The event showcased fashion designs juxtaposed to garments and accessories created for individuals working in hazardous, uncomfortable, or extreme conditions, blending utilitarian functionality with design innovation. For this event Toscani drew inspiration from his early photo shoots, but admitted in an interview that the project also stemmed from his disillusionment with contemporary fashion designers, whom he criticized for being trapped "in the grips of an absurd aestheticism."

In 2011, Toscani once again sparked global controversy when Benetton decided to reignite its provocative spirit with the "Unhate" campaign. Toscani delivered with a series of photoshopped images depicting world leaders in unlikely scenarios, including Pope Benedict XVI kissing Sheikh Ahmed Mohamed el-Tayeb. The campaign's bold imagery drew international attention and once again incited outrage from the Vatican.

In 2013, I was commissioned to write a piece about fashion and religion for a Russian publication. The article was prompted by a proposed bill aimed at protecting citizens' religious feelings, likely influenced by the Pussy Riot protest inside Moscow's Cathedral of Christ the Savior. My research explored how artists and designers incorporated religious symbols into their work. While many fashion houses ignored or declined interview requests, a few individuals, including Oliviero Toscani, were willing to engage.

"I was often criticized, but I was never legally charged for my photographs and adverts," Toscani told me during our conversation for that piece. "My main aim is not to offend someone's religious feelings but to critique religion, just as others might critique political power."

In 2017, the exhibition "Oliviero Toscani. Più di 50 anni di magnifici fallimenti" (More than 50 Years of Magnificent Failures) opened at the Whitelight Art Gallery in Milan. Among the works displayed there was also his 2007 photograph for the fashion brand Nolita, featuring model Isabelle Caro, who suffered from severe anorexia and posed nude for the campaign. The haunting image, with the slogan "No Anorexia," was timed to coincide with Milan Fashion Week and appeared on billboards across the city. Tragically, Caro later succumbed to the disease.

Toscani returned to Benetton in the same year of this exhibition with a campaign shot in a multicultural Italian classroom at a primary school in Milan. The campaign featured 28 children from 13 different countries, emphasizing themes of integration, education, and the hope for a brighter, barrier-free future without racism.

However, in 2020, Benetton abruptly severed ties with Toscani following his controversial remarks about the deadly collapse of the Morandi Bridge in 2018. This was a significant moment, as the lack of maintenance was a major factor in the tragedy. At the time of the collapse, Autostrade per l'Italia - the toll road operator responsible for the bridge and controlled by the Benetton family through Atlantia SpA since 1999 - had failed to address critical repairs to the pylon that eventually gave way (Spea, another Benetton-owned company, was tasked with inspecting the infrastructure but fell short of its responsibilities).

Toscani's series "Razza Umana" (Human Race), which began in 2007, has been widely exhibited across Italy in public spaces and squares and selections from this series, are now permanently displayed in the hospital of Pescara where they welcome visitors in the main entrance, symbolizing humanity in all its diversity.

Throughout his career, Toscani neither sought consensus nor avoided controversy, an approach that offers valuable lessons. While some perceived his work as deliberately provocative, he defended his approach. "I don't understand why provoking has to have a negative connotation," Toscani once told me during an interview. "I personally think that it can be a very positive strategy to spark interest, encourage dialogue, ignite cultural debates, and create new opportunities."

Gifted Minds in Dark Times: "Medieval Women: In Their Own Words" @ The British Library, London

Medieval women are often perceived as silent and shadowy figures, veiled in obscurity by the annals of history. Yet the vivid illuminations of The Book of the City of Ladies (circa 1405), authored by Christine de Pizan, a trailblazer hailed as the first professional female writer, tell a strikingly different tale. Within her pages, women are depicted not as passive spectators but as active agents, building walls, engaging in study, and imparting knowledge. De Pizan constructs a metaphorical "city" from the exemplary deeds of women, celebrating their achievements.

De Pizan is but one of the extraordinary figures highlighted in a recent exhibition at the British Library in London. "Medieval Women: In Their Own Words" (running until 2nd March) unveils a vibrant feminine world, shedding light on women from diverse walks of life. Spanning the period from roughly 1100 to 1500, the exhibition reveals how these women profoundly shaped the society of their time. Through their own testimonies, we see how they contributed to the social, economic, cultural, and political life of medieval Europe.

The exhibition is structured around three principal themes: Private Lives, Public Lives, and Spiritual Lives. Each is further divided into sub-themes such as family and household, work and creativity, power and politics, and religious devotion.

The first section looks at the intimate realm of family and domestic life, illuminating the joys of friendship, the trials and triumphs of motherhood, and the intricate management of estates and properties. The delight of love finds its place in this section, exemplified by the earliest surviving Valentine's letter in the English language, penned by Margery Brews to John Paston III, in February 1477.

This section features artifacts that may intrigue fashion designers and historians alike. Among them is Der Ritter vom Turm (The Knight of the Tower, 1495), an instructional text that warns against vanity. It recounts the tale of a young woman who lingered too long before her mirror, only to be horrified by the devil's mockery as he revealed his bare backside in her reflection. Even more intriguing is De ornatu mulierum (On Women's Cosmetics), a 13th-century compendium of cosmetic recipes. This text provided women with instructions for enhancing their skin, hair, face, lips, teeth, and even genitals. Remarkably, over 30 of the plants listed in its recipes remain essential in modern cosmetics and pharmacology.

Another highlight is a stunning ivory comb dated 1360-80, intricately carved to depict a crowned woman holding pennons (military flags) in her hands, flanked by two kneeling knights in armor. This imagery suggests she may symbolize the rewarder of valor or the sovereign of their hearts.

Medical insights from the period are also on display, including a rare diagram of female anatomy found in The Wellcome Apocalypse (1420). At a time when most anatomical illustrations focused solely on the male form, this inclusion stands out, though it perpetuates the medieval view of the female body as frail and predisposed to disease.

The exhibition also sheds light on remarkable figures such as Lidwina of Schiedam, a Christian mystic and the patron saint of chronic pain and ice skating. Equally notable is Trota of Salerno, a pioneering physician whose name is immortalized in the Trotula, a widely referenced collection of texts on women's health (also including De ornatu mulierum).

Fertility, pregnancy (the exhibition includes an early 15th-century parchment girdle inscribed with prayers and charms, believed to protect the woman who wore it) and contraception, marriage and illicit affairs are tackled, alongside erotic poetry.

A standout example is "Cywydd y cedor" (Poem to the Vagina) by Gwerful Mechain, an 18th-century Welsh poet known for her audacious wit. In this bold and humorous piece, Gwerful critiques men for extolling all parts of a woman's body except what she deems the finest. She sets the record straight by offering an unabashed and poetic celebration of the vagina.

The narrative then shifts to the lives of women labourers, businesswomen, and artisans, shedding light on the inequalities of the time. For instance, in 1483 on a farm in Stebbing near Braintree, 27 men and 16 women worked to bring in the harvest. While the men earned 4 pence a day, women like Cateryn Lytyll and Marget Pers received just 3 pence, a medieval testament to the enduring gender pay gap.

For fashion and textile enthusiasts, the exhibition highlights silk production in al-Andalus, a labor-intensive craft likely dominated by women. Among them was Alice Claver, a prominent silkwoman in London. She was one of the silkwomen who petitioned Parliament four times between 1455 and 1484, advocating for economic protections for their trade.

The journey through this feminine world is enriched with figures of great renown, from printers and writers to historians and rulers. Religious devotion is embodied in the lives of nuns, anchoresses (women who voluntarily lived enclosed in a cell to devote themselves to God), and visionaries whose spiritual and intellectual legacies continue to inspire.

The exhibition features further remarkable documents that bring the voices of medieval women vividly to life. Among these are the letters of St. Catherine of Siena, the autobiography of Christian mystic Margery Kempe (the earliest known autobiography written in English) and a letter from Joan of Arc addressed to the citizens of Riom in 1429, calling for military aid.

Visitors will also be able to see the Liber divinorum operum (1163-73), composed by the German abbess and polymath Hildegard of Bingen. Hildegard's works showcase her influence as a visionary and prophet, as well as her contributions to medicine, music, and politics. Her life exemplifies the intellectual and political heights women could achieve within the confines of a convent. For textile enthusiasts, the exhibition offers a glimpse into the art of convent embroideries like the embroidered altar band made by Joan of Beverley, 14th century (on loan from the Victoria & Albert Museum).

One of the most innovative aspects of the exhibition is its olfactory library, designed to make the experience immersive and appealing to a broader audience, particularly younger visitors. Behind small wooden doors, visitors can uncover a variety of scents that evoke the spiritual and emotional landscapes of these women. A sulphurous concoction, inspired by Julian of Norwich's 16th and final vision in which she met the devil, recreates the stench of Hell. Conversely, a sweet fragrance blending strawberry and honey symbolizes the mystical "marriage" of Margery Kempe to Christ.

There is definitely a lot to learn here, but if there is one quote to carry away from this event, let it be Christine de Pizan's powerful assertion: "God has given women such beautiful minds to apply themselves, if they want to, in any of the fields where glorious and excellent men are active." This statement summarises the enduring legacy of the women celebrated within the exhibition who reshaped their worlds despite the constraints of their time.

What Can Be Defined as Protectable Design? Pondering on the Concannon V. LEGO Systems Inc. Case

Fashion trends may evolve rapidly, but litigation within the fashion industry often proceeds at a comparatively slower pace, frequently requiring years to reach a verdict, settlement, or resolution. One such case, Concannon v. LEGO Systems Inc., No. 3:21-cv-01678 (D. Conn.), filed in 2021, may finally approach resolution this year.

This dispute arises from allegations of copyright infringement brought by multidisciplinary artist and fashion designer James Concannon against Danish toy manufacturer LEGO. At the heart of the case is a black biker jacket, worn by a miniature figure representing Antoni Porowski (Download AntoniPorowski), included in LEGO's "Queer Eye - The Fab 5 Loft" toy set. Launched in October 2021 at a retail price of $99.99, the set is one of LEGO's signature products marketed toward adult collectors.

Concannon contends that the leather jacket, which features his distinctive aesthetic and design elements, is a protected work under copyright law. According to what Concannon stated in the original lawsuit filed against the Danish toy giant in a Connecticut District Court, the designer's creations have been used by the production team of the Netflix series Queer Eye since 2017, with prior authorization and clearance. However, he alleges that the specific jacket depicted in the LEGO set was neither cleared for use nor authorized.

Concannon asserts that the jacket, designed for Porowski in 2018 and subsequently worn in a 2019 episode of the show, was unlawfully replicated by LEGO without his consent. Initially attributing the use in the show to an oversight, the designer ultimately filed suit against LEGO in September 2021, seeking redress for what he claims is unauthorized reproduction of his intellectual property.

Upon being contacted by Concannon's legal counsel, LEGO's attorneys acknowledged that the jacket design in question was derived from Concannon's work. However, they contended that Concannon had gifted the jacket to Antoni Porowski, thereby granting Netflix an "implied license" to use the design as it saw fit, including permitting LEGO to reproduce it in the "Queer Eye - The Fab 5 Loft " set.

A copy of the complaint filed in the U.S. District Court for the District of Connecticut includes side-by-side comparisons of Concannon's original jacket and the LEGO figurine. While some symbols and the slogan on the back of the jacket were altered - albeit retaining the hand-painted, graffiti-style lettering - the "unique placement, coordination, and arrangement of the individual artistic elements," as described by Concannon in the filing, appear strikingly similar. Specific elements, such as the peace sign on the left lapel, remain notably alike.

Yet Concannon registered the artwork embodied in the jacket with the U.S. Copyright Office on November 29, 2021, asserting that the design originated in 2018. By contrast, LEGO began utilizing the design in its product line in September 2021.

Concannon alleges that LEGO has not provided any compensation for its use of the design and further accuses the company of exploiting his intellectual property by producing animated versions of the jacket. Consequently, Concannon seeks damages for what he claims constitutes willful copyright infringement.

In February 2022, Concannon filed an amended complaint, introducing claims of federal trade dress infringement, unfair competition, and a violation of the Connecticut Unfair Trade Practices Act (CUTPA).

In response, LEGO filed a motion for a pre-filing conference, signalling its intent to move for dismissal of Concannon's amended complaint in its entirety. However, in March 2023, the U.S. District Court for the District of Connecticut denied LEGO's motion to dismiss (Download Concannon_Lego_RulingonMotiontoDismiss_March2023). The court's ruling allowed Concannon’s claims - including direct and contributory copyright infringement, trade dress infringement, and unfair competition - to proceed.

At the end of 2024, LEGO filed a motion for summary judgment with a federal court in Connecticut to dismiss the lawsuit. LEGO argues that Concannon's claims are unfounded, asserting that it had an express license to use Antoni Porowski's likeness and that Concannon granted an implied, non-exclusive license for the jacket's adornments. LEGO also defends its use by arguing that it constitutes transformative fair use, as it highlights the brand collaboration with Queer Eye. Besides, LEGO contends that Concannon's claims of contributory and vicarious copyright infringement fail because the direct infringement claim is baseless. LEGO further argues that Concannon's trade dress and unfair competition claims should be dismissed, as he has not proven that his design has secondary meaning or caused confusion with LEGO's toy set. Therefore, LEGO requests that the court grant summary judgment on all claims.

A relevant precedent in this case is Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017), which provides guidance on copyright claims related to design elements. In Star Athletica, the Supreme Court established a two-part test to determine whether design elements, such as the lines, stripes, zigzags, and chevrons that characterize cheerleader uniforms, merit copyright protection. According to the Court, while the uniforms themselves are not copyrightable, their design elements may qualify for copyright protection under § 101 of the Copyright Act of 1976 if they: (1) can be perceived as a two- or three-dimensional work of art separate from the useful article, and (2) qualify as a protectable "pictorial, graphic, or sculptural work," independently of the useful article in which they are incorporated.

The Court concluded that Varsity's designs on the cheerleading uniforms were copyrightable because they possessed pictorial, graphic, or sculptural qualities. Moreover, if these designs were separated from the uniforms and applied to another medium, such as a painter's canvas, they would still qualify as works of art.

In Concannon's case, the key issues are whether the designs on his leather jacket qualify as protectable art independent of the jacket and if the designs used by LEGO on the figurine's jacket are substantially similar to his original work.

It is not uncommon for toy companies to draw inspiration from fashion trends - and for fashion designers to take cues from toys (as exemplified by Jeremy Scott's S/S 15 Moschino collection inspired by Barbie clothing…), but this case shouldn't be dismissed as trivial just because it focuses on the attire of a miniature figurine as this case may have broader implications for intellectual property rights and industry practices.

Aside from the potential copyright infringement, the core issue of the case lies indeed in determining what qualifies as protectable. Hence the case serves as a valuable lesson for emerging fashion designers who lend their creation for gigs, films, or performances, only to see their designs adapted into other mediums. This lawsuit underscores the importance of safeguarding creative rights in such scenarios, making it a case worth following for any fashion designer seeking to protect their work.

Are Birkenstock Sandals Functional Health Shoes or Applied Art?

Do you aspire to become a work of art or merely to wear one? (for insights into how a celebrated fashion icon resolved this dilemma, see yesterday's post). And when you slide into a pair of Birkenstock sandals, do you feel you're donning a simple shoe or an authentic masterpiece?

This seemingly whimsical question has taken on a serious dimension before the First Civil Senate of the Federal Court of Justice (BGH) in Germany. The court is tasked with determining whether the iconic cork-soled sandals should be legally recognized as works of art, a status that could redefine the boundaries of design protection in Germany.
The Birkenstock legacy dates back to the 18th century, when Johannes Birkenstock laid the foundation of a shoemaking dynasty. The brand's signature cork footbed, introduced in the 1960s, became synonymous with comfort and durability. While initially regarded as practical footwear, Birkenstock sandals have since ascended to the realm of high fashion. Notable milestones include a 2003 collaboration with Heidi Klum, and appearances on the feet of cultural icons ranging from Sarah Jessica Parker of Sex and the City fame to Apple founder Steve Jobs (whose well-worn pair sold for nearly $220,000 at an auction in 2022).

Actress Frances McDormand famously paired the sandals with an evening gown at the 91st Annual Academy Awards in 2019. Recent partnerships with luxury brands like Valentino and Rick Owens have further elevated the sandals. 

However, legal challenges loom for the German brand, now publicly traded on the New York Stock Exchange. The expiration of design protections for its classic models has left Birkenstock relying on a rather interesting argument: positioning its products as art to safeguard them from imitation.

To this end, the company has initiated legal proceedings to protect its most iconic designs - the two-strap Arizona, the single-strap Madrid, the thong-style Gizeh, and the Boston clog - from unauthorized copies.

Initially, Birkenstock secured victories against retailers Tchibo, the Danish fashion group Bestseller (parent company of brands such as Jack & Jones, ONLY, and Vero Moda), and Shoe.com in the Cologne Regional Court. However, these decisions were subsequently overturned by the Cologne Higher Regional Court, which dismissed Birkenstock's claims.

In its reasoning, the Higher Regional Court (OLG) concluded that the sandals did not meet the required threshold of creativity, emphasizing the functional nature of the designs. According to the court, "Art begins with an idea; design begins with a task."

Birkenstock contends instead that its sandals qualify as works of applied art, asserting that the distinct combination of individual elements, that is the buckles, materials, and precise strap placement, elevates them beyond mere functionality. According to the company, these features render the sandals eligible for protection under copyright law.

Everyday objects can actually qualify as functional art if their design demonstrates sufficient artistic merit: courts have previously extended copyright protection to designs like the Porsche 356, recognized as a work of applied art by a court ruling in April 2022.

Currently, the dispute has divided into two clear factions. Representing Birkenstock, BGH barrister Christian Rohnke, along with SKW Schwarz's copyright partner Konstantin Wegner and media, licensing, and law partner Johann Heyde, argue in favor of the shoes as art. Opposing them are the legal teams for retail rivals Tchibo and the Bestseller Group led by Hogan Lovells IP partner Morten Petersenn and BGH attorney Matthias Koch, as well as Shoe.com, represented by SSM IP partner Johann Bauer and BGH attorney Norbert Tretter. 

During yesterday's proceedings, presiding judge Thomas Koch suggested that the Higher Regional Court's ruling might stand as the court appeared to have applied the appropriate criteria in its decision. However, Birkenstock's legal team countered that the OLG had relied on a definition of art exceeding established jurisprudence from both the BGH and the European Court of Justice.

Specifically, Birkenstock disputed the OLG's assertion that art must be free of purpose and economic objectives, challenging this interpretation. Birkenstock disputed the OLG's assertion that art must be free of purpose and economic objectives.

The notion that art must be entirely free of purpose or economic considerations is highly debatable. Art rarely exists in a vacuum, as even works created with the purest expressive intent are embedded within broader cultural, social, and economic frameworks. Purpose and economic implications are often inseparable, whether explicitly intended by the artist or not.

For instance, art frequently serves as social commentary (think about Banksy's provocative street art or Barbara Kruger's incisive text-based works, which undeniably have defined objectives). Similarly, art can be highly commercial, consider Damien Hirst's "For the Love of God", a platinum skull encrusted with diamonds. While it may critique the art market - clearly a purpose - it was also conceived and sold with strong economic motivations.

If the BGH rules in favor of Birkenstock, declaring its sandals to be works of art, the designs would gain special protection under copyright law, prohibiting imitation for up to 70 years after the death of their creator, Karl Birkenstock, who is still living.

Conversely, a ruling against Birkenstock could open the door for competitors to imitate its designs, but it would also set a critical precedent, offering clearer guidance on how courts should evaluate similar cases in the future.

As of now, the timing of the BGH's decision remains uncertain. Meanwhile, a related lawsuit is pending before the Hamburg Higher Regional Court, where judges have indicated support for Birkenstock's arguments, potentially signaling a divergence in judicial interpretations.

Cases from other jurisdictions may offer valuable insights for the German courts. In 2021, the Court of Milan addressed a strikingly similar issue when Italian influencer Chiara Ferragni began producing "snow boots" nearly identical to Tecnica's iconic Moon Boots. Tecnica sued for copyright infringement, and the Court ruled in its favor, holding that the Moon Boots were protected by copyright due to their "artistic value."

The Court emphasized that determining "artistic value" requires examining the work's relevance within the cultural sector. The Moon Boots' inclusion in prominent museum exhibitions, such as the Louvre and MoMA, proved decisive in establishing their artistic merit. As a result, Ferragni's "snow boots" were deemed infringing, and the Court ordered her to cease production and compensate Tecnica for damages.

Yet the judges may also be influenced by the case between Balenciaga and Birkenstock (even though this one focused more on a specific design and on individual character): in 2021, Balenciaga filed a challenge against Birkenstock, claiming that the Arizona Big Buckle sandal lacked the individual character required for design protection. Balenciaga argued indeed that the design was strikingly similar to an existing sandal released by Next in 2018.

In September 2024, a European trademark appeals board ruled in favor of Balenciaga, invalidating one of Birkenstocks registered designs and stating that Birkenstock's Arizona Big Buckle design did not meet the threshold for individual character, as a similar design had already been made publicly available prior to Birkenstock's filing.

That said it is undeniable that Birkenstock's designs share an iconic status similar to that of the Moon Boots. The brand's sandals have been featured in various fashion exhibitions, included in museum collections, and frequently highlighted on fashion runways as statement pieces. Additionally, their cultural impact has extended into popular media. For instance, in Greta Gerwig's 2023 blockbuster Barbie, the Birkenstock Arizona became a metaphorical symbol. In the film Stereotypical Barbie (Margot Robbie) is asked by Weird Barbie (Kate McKinnon) to choose between two paths: staying in the idealized Barbieland or venturing into the real world for self-discovery. The choice is represented by a pale pink high-heel pump for Barbieland and a brown Birkenstock Arizona sandal for the real world.

Whether Birkenstock's sandals are functional objects or works of art, practical footwear or cultural metaphors, the decision ultimately rests with the judges. Until then, the case invites us all to reflect on what it means to create a design that transcends trends, evolves into a timeless icon, and perhaps even ascends to the realm of art.

More Is More: Unapologetically Iris - The Personal Collection of Iris Apfel @ Christie's

You can listen to an audio version of this post in a dialogue form (generated using NotebookLM) at this link: Download Iris Apfel's Christie's Auction 

"Be a work of art or wear a work of art," Oscar Wilde once declared. Harold Koda, former curator of the Costume Institute at the Metropolitan Museum of Art, expanded on this notion, stating there are those "who have the confidence, imagination, and means to do both." Iris Apfel was undeniably one of them.

The decorator, interior designer, expert in antique textiles, and enduring style icon, passed away last March at the remarkable age of 102. This January, Christie's will honor her legacy through a special online auction titled "Unapologetically Iris: The Personal Collection of Iris Apfel", opening on 28th January.

A true maximalist, Apfel's sartorial alchemy was unparalleled. She orchestrated ensembles that blended iconic names - Dior, Lanvin, Norman Norell, Oscar de la Renta, Gianfranco Ferré, James Galanos, Simonetta, Giorgio Armani, Nina Ricci, and Christian Lacroix, to name but a few - with treasures from the farthest corners of the globe, a Transylvanian belt, Tibetan necklaces, a Venetian doge's hat, even a ponytail crafted from horsehair, once destined for upholstery weaving.

In the introduction to Rare Bird of Fashion: The Irreverent Iris Apfel (2007) by Eric Boman, Harold Koda captured her essence, describing her style as "the 'anything goes' bravura of fashion at its most imaginative." Iris Apfel didn't just wear clothes - she narrated stories, curated fantasies, and redefined what it means to live unapologetically through style.

Christie's auction encapsulates Iris Apfel's essence perfectly: the lots include an eclectic mix of garments and accessories from Haute Couture houses and flea markets, as well as paintings, sculptures, furniture, and decorative objects from her homes in New York and Palm Beach. Each piece embodies her imaginative style and her embrace of excess. Yet, beneath her bold eclecticism lies a discerning eye, her expertise and taste are indeed evident in every choice.

Naturally, the collection brims with evening gowns, feathered coats, statement separates, and opulent capes and jackets. In a world currently enslaved to the trendy yet boring neutrality of beige, Apfel's wardrobe bursts with color - vivid emerald greens, flaming persimmons, passion reds, and shocking pinks, alongside a kaleidoscope of multicolored patterns and designs adorned with intricate embroidery or shimmering sequins.

Some pieces come with their own accessories, revealing her passion for layering: a Valentino plaid wool coat with an Empire-style fit, for instance, is paired with a YSL necklace of black and white wooden triangles and hearts, along with a mix of resin necklaces in black, white, and red, all accompanied by a generous array of bangles.

The collection also features bespoke pieces made for Apfel, some crafted from fabric remnants, alongside haute couture treasures juxtaposed with her 2021 H&M collaboration. The auction is therefore a veritable feast of textures and materials - velvet, satin, brocade, taffeta, leather, and fur - reflecting her rich distinctive style.

Entire lots in the auction are devoted to Iris Apfel's iconic accessories. One features Yoruba-style headdresses; another is dedicated to her trademark oversized glasses.

Jewelry abounds, with a dazzling array of necklaces and mixed jewelry pieces sourced from around the globe. Highlights include an Eastern European gold-tone bib necklace, a beaded and mirrored adornment from Pakistan, a necklace strung with orange seed beads and silver-tone chimes, and six orange, silvered metal, and lapis-colored stone chokers likely from Afghanistan.

Bangles are present by the hundreds, many crafted from lucite, plastic, or natural materials. One particularly whimsical lot features a beaded basket overflowing with bangles, a playful treasure for fans eager to channel a touch of Apfel or even indulge in the spirit of Nancy Cunard.

 

The auction also includes an impressive selection of interior design pieces, offering a glimpse into Apfel's illustrious career as a decorator. Having studied art history and museum administration, Apfel began her professional journey with a stint at Women's Wear Daily and as an assistant to fashion illustrator Robert Goodman. She later worked with interior designer Elinor Johnson before founding Old World Weavers in 1950 with her husband, Carl.

The firm specialized in weaving reproductions of antique period fabrics, a venture that required the couple to travel extensively in search of rare textiles and mills capable of creating them. These journeys also fuelled their passion for discovering unique treasures, whether in elegant shops or bustling markets.

Among the interior offerings are exquisite screens, including a French giltwood four-panel painted canvas floor screen, as well as lamps, chairs, footstools, ottomans, and vibrant ceramic pieces.

Notable highlights include gilt-japanned Chinese export table cabinets, intricately crafted mirrors, and ceramic pieces that perfectly reflect Apfel's singular vision and flair for the extraordinary.

Much like her wardrobe, Iris Apfel's interior treasures reflect her dynamic personality and sense of humor. One lot features a life-sized wooden ostrich (she had named it "Gussy") with a hinged wing that opens to reveal a bar space, whimsically paired with a plush Kermit the Frog perched on its back and another lot featuring a lime-green figurine of Iris herself riding a scooter.

These playful pieces embody her wit and irony, calling to mind a quote from Boman's Rare Bird of Fashion: "Wit and humor are key components to my philosophy of dressing. Never take yourself or an outfit too seriously."

Some items even seem to double as displays for her fashion obsession. A Black Forest-style figure of a standing terrier, originally an umbrella stand, is presented with a pair of miniature eyeglasses, and an assortment of bangles, and necklaces arranged on a pewter tray.

In some cases, there appears to be a resonance or a striking dialogue between Iris Apfel's art pieces and her clothing: one ensemble, featuring a Krizia black quilted silk nylon jacket with bow-adorned shoulders and sleeves, recalls the opulence of a 17th-century Spanish School portrait of Margarita Teresa (1651 - 1673), Infanta of Spain. In the painting, the Infanta wears a red and silver silk gown with a jewel-encrusted stomacher and rows of decorative bows in her hair.

Such a collection might overwhelm the sensibilities of the staunchest minimalist. Yet these lots reflect Apfel's celebrated "more is more" philosophy, a vivid expression of her individuality as a "rara avis" of fashion who defied trends in favor of personal storytelling.

Christie's auction showcases more than 200 items, with starting prices as low as $200, though they are certain to climb. The online sale will run from January 28 to February 13, with select highlights displayed in Florida at the Miami Design District on January 24 - 25 and The Colony Hotel in Palm Beach from January 29 - 31. Additional collection highlights will be on view at Christie's New York from February 8 - 12. This event joins the ranks of other auctions of iconic private collections, such as André Leon Talley's, and is expected to generate at least $250,000, with proceeds benefitting a charitable trust.

These treasures will be beyond the reach of most of us (we can just hope that museums secure a few key pieces...), but we can still go through them on Christie's site and learn more from Apfel's legacy. Her ability to craft a narrative through clothes and accessories, as well as her enduring wisdom and memorable quotes (such as "When you don’t dress like everyone else, you don't have to think like everyone else" from a 2011 interview with The New York Times) will indeed continue to inspire many of us.