Can footwear be considered art? Birkenstock’s case in Germany, explained

Omnipresent, comfortable, and distinctly German.

At times stylish, at other times, worn and unpolished.

These sandals have long been a favourite of Hollywood celebrities and pop stars.

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But can they be classified as art?

This was the question recently debated by Germany’s Federal Court of Justice.

Once associated with hippies, tech enthusiasts, and healthcare professionals, Birkenstocks gained attention when Australian actress Margot Robbie sported a pink pair in the final scene of the 2023 blockbuster ‘Barbie’.

So, does this footwear qualify as art? And what was the court’s verdict?

Let’s find out:

Can sandals be considered art?

Birkenstock, based in Linz am Rhein, Germany, traces its shoemaking heritage back to 1774. The company filed a lawsuit against three rivals, accusing them of selling sandals that closely resembled its own designs.

The footwear manufacturer argued that its sandals qualify as “copyright-protected works of applied art” and should not be copied.

Under German law, artistic works receive stronger and more enduring intellectual property protection than standard consumer goods.

Notably, copyright protection lasts for 70 years after the creator’s death, while design protection extends only 25 years from the date of registration.

Shoemaker Karl Birkenstock, born in the 1930s, is still alive. As design protection for some of his sandal models has expired, the company sought copyright status to classify its footwear as art and secure legal protection.

Birkenstock requested an injunction to prevent competitors from producing similar sandals and demanded a recall and destruction of those already on the market. The court did not disclose the names of the defendant companies.

Before Germany’s highest civil court reviewed the case on Thursday, two lower courts had issued conflicting rulings.

A regional court in Cologne initially ruled in favour of Birkenstock, recognising its sandals as an applied art and granting the injunction. However, the higher regional court in Cologne later overturned the ruling, arguing that the wide-strapped, big-buckled sandals did not display any artistic merit, according to the BBC.

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What did Germany’s top civil court rule?

Germany’s Federal Court of Justice rejected Birkenstock’s lawsuit, and ruled that the company’s sandals do not qualify for copyright protection.

The court stated that a product cannot be copyrighted if “technical requirements, rules or other constraints determine the design.”

“For the copyright protection of a work of applied art - as for all other types of work - the level of design must not be too low,” the ruling stated. “For copyright protection, a level of design must be achieved that reveals individuality.”

Presiding judge Thomas Koch ruled that Birkenstock’s claims were unfounded, stating, “The claims are unfounded because they (the sandals) are not copyright-protected works of applied art.”

The court further clarified that “pure craftsmanship using formal design elements” is insufficient for copyright protection. This decision marked the end of the legal battle that began in May 2023.

Following the ruling, Birkenstock’s lawyer, Konstantin Wegner, maintained that the sandals have an “iconic design” and indicated that further legal action is planned.

“We want to add arguments in these pending proceedings,” Wegner said, without providing further details.

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How Birkenstocks became ‘cool’

In the final moments of Barbie , Margot Robbie’s character is seen wearing an unexpected choice of footwear - Birkenstock sandals.

According to People Magazine, Robbie’s character appears in the Birkenstock Arizona Big Buckle Nubuck Leather Sandal in rose.

Celebrities have embraced Birkenstocks for years, with stars like Katie Holmes, Gigi Hadid , and Reese Witherspoon frequently spotted in the iconic summer footwear.

The brand’s reputation for quality and comfort has been key to its success. Initially a family-run business, Birkenstock started by crafting flexible insoles, which remain the foundation of its signature footbeds today.

Praised for their comfort and durability, the sandals feature a moulded footbed and have evolved over time, offering various colours and strap styles beyond the original leather-strapped version from the 1960s.

According to Birkenstock, its footbeds promote “proper foot health by evenly distributing weight and reducing pressure points and friction.”

Though once overlooked by the fashion industry, Birkenstocks eventually gained mainstream appeal. Supermodel Kate Moss helped boost their status in the 1990s, and they even made their way onto red carpets, including the Academy Awards.

In 2023, Birkenstock debuted on the New York Stock Exchange, achieving a valuation of approximately $8.6 billion, twice its 2021 worth.

Originally founded in 1774, the company remained under family ownership for six generations until selling a majority stake to L Catterton, a US private equity firm backed by French billionaire Bernard Arnault and his luxury empire, LVMH. Catterton retained its position as Birkenstock’s largest shareholder after the brand went public in 2023.

Birkenstock has also partnered with high-fashion labels such as Dior, Manolo Blahnik, and Rick Owens, leveraging their brand appeal to reach new audiences.

With inputs from agencies