Could a Birkenstock sandal be considered a work of art? This simple question lies at the heart of the brand’s latest request, which seeks legal recognition of its products as artistic pieces to secure copyright protection. This is not the first time Birkenstock has appealed to the German Federal Court of Justice, given its multiple lawsuits against competitors accused of plagiarizing its designs.
The Court faces a critical decision: if an everyday product such as sandals could be granted the status of applied art, it would set a landmark precedent for the legal treatment of industrial design products. Beyond preventing unauthorized copies, this could irreversibly change copyright rules in the years to come.
German case law has previously ruled on similar situations, granting legal protection for Porsche 356 cars and Le Corbusier furniture. However, Birkenstock sandals lack the same level of design originality, which could prevent them from rising above the status of mere consumer goods.
Familiar to everyone, the Birkenstock sandal has become one of the most discussed and worn fashion and design items of recent years. The company, founded in the 18th century by Johann Adam Birkenstock, truly gained worldwide prominence in the 1960s with the introduction of contoured cork insoles. Initially conceived as practical and comfortable footwear, the sandals quickly evolved into something more: a style statement, a status symbol, enjoyed by alternative subcultures and mainstream fashion trends, loaded with meanings that can be interpreted in multiple contexts.
The product’s incredible success and versatility convinced the LVMH group to acquire the brand in 2021. This acquisition led to a series of partnerships (such as with Dior and Manolo Blahnik, to name a few) that drastically changed the sandal’s course.
Initially conceived as practical and comfortable footwear, the sandals quickly evolved into something more: a style statement, a status symbol, enjoyed by alternative subcultures and mainstream fashion trends, loaded with meanings that can be interpreted in multiple contexts.
The Birkenstock case is not just about legal rights but opens a heated debate about the artistic value of everyday items. All that remains is to await a final judgement, and the subsequent impact it will have on the fashion and design companies.
Klimahouse 2025: twenty years of sustainability
Now in its 20th edition, the international trade fair dedicated to responsible construction, energy efficiency and building renovation will be held in Bolzano from 29 January to 1 February.