Birkenstocks “are true works of art”: that’s why he asks for his sandals to be protected by copyright

The Birkenstocks are they works of art? The iconic German sandal brand is trying to gain legal recognition which would allow its products to be truly considered such, and thus to guarantee a copyright protection exclusive and long-lasting.

The issue has come before the German Federal Court of Justicethe highest authority for civil matters in Germany, after that Birkenstock has filed three lawsuits against competing companiesaccused of copying the design of his sandals.

The case is particularly interesting because, if granted, Birkenstock’s request could establish an important precedent for the legal protection of industrial design products. The court will have to decide whether the famous Birkenstock sandals, made of leather and cork, can be considered true “works of applied art”as the company claims, and not simple consumer items. In this case, copyright protection would go beyond simple trademark registration, preventing footwear from being copied without authorization.

On the other hand, German jurisprudence has already recognized legal protection for exceptional design objects, as in the case of Porsche 356 cars or Le Corbusier’s furniture.

The Cologne court had ruled out that the Birkenstocks could be considered artistic works, holding that did not satisfy the requirement of a sufficiently original “artistic creation”. The judge of the German Federal Court of Justice, Thomas Koch, observed that the Cologne decision was in line with established legal norms, specifying that the design of a product must reach a certain standard of originality in order to be defined as “applied art”.

Birkenstock’s lawyer disputed this interpretation, arguing that the Cologne court used it a concept of art that is too restrictivewhich does not correspond to what was established in previous rulings of both the German Court and the European Court of Justice.

The Birkenstock company, founded in Linz am Rhein, Rhineland-Palatinate, has a history dating back to the 18th century, when Johann Adam Birkenstock created the first sandal model. But the real revolution arrived in the 1960s, when the famous shaped cork insoles that made the brand famous were introduced globally. These sandals have become a symbol of comfort, but also of a relaxed lifestyle, which has increasingly conquered global consumers.

The legal matter gained traction mainly thanks to the growing popularity of Birkenstock sandalswhich, if at the beginning they were considered more than anything else a comfortable and quality shoe, have become a real symbol of fashion, thanks also to films like Barbie and to the association with celebrities like Steve Jobs, whose old pair of Birkenstock sandals sold at auction for a record sum of almost $220,000 in 2022. Today, Birkenstock is no longer just a symbol of comfort, but also of iconic design, recognized by many as a true style statement. So much to convince the luxury giant LVMH, in 2021, to acquire the brand to incorporate it into his astonishing portfolio of brands, which ranges from Louis Vuitton to Dior.

The models at the center of this legal dispute include the famous model Arizonathe one with two straps, which conquered millions of people all over the world and which had great visibility in the film Barbie. Added to these are other iconic models such as the Gizeh, the Madrid and the Boston Clog, all representatives of what is now a real traditionwhich the brand wants to preserve with the strength of copyright.

The case, therefore, is not only a question of legal rights, but also an important debate on the artistic value of everyday objects. Birkenstock has always seen its sandals as more than just footwear: they are a symbol, a brand of accessible luxury, and a piece of design that deserves to be protected like any other work of art.

All that remains is to wait for the final verdict of the judges, which could rewrite the rules of copyright and kick off a new era for the Birkenstock brand, which wants its contribution to modern design to be officially recognised.