Trendy summer sandals for some, eco-bad taste for others, yet Birkenstock sandals are a household name. Now the Federal Circuit Court is considering whether they are also works of art. When the first Birkenstock sandals were introduced in the 1960s, they were not that successful. Today these anatomical shoes have become very fashionable. In fact, according to the company, they are even works of art and as such are protected by copyright. The case is now being heard by the Federal Court of Cassation in Karlsruhe.

Today, Thursday, the civil division is dealing with three lawsuits filed by Birkenstock against competitors who were selling sandals that closely resembled its own models. Birkenstock based in Leeds am Rhein in Rhineland-Palatinate considers this to be a violation of copyright law. Birkenstock sandals are works of applied art and may not be copied.

What is “art”?

Copyright gives the creator of a work exclusive rights to use that work. Third parties may not reproduce it without permission. Copyright aims to protect creative achievements such as works of art, films, computer programs and works of applied arts.

The term “art” in the context of intellectual property law often gives the impression that it refers only to art without an obvious purpose, such as a painting or a piece of music, says lawyer Constantin Wegner, who for many years has represented the Birkenstock. “In copyright law, however, the legislature has recognized for decades that even extraordinary designs of objects can also be protected by copyright.” Related court decisions already exist with Bauhaus style lighting, furniture by the architect and designer Le Corbusier and a Porsche model.

Birkenstock believes that something similar should be done with four of its own models, which are Arizona, Madrid, Gizeh and Boston.

Crude, but successful…

Lawyer Constantin Wegner says that individual elements, such as buckles, straps and their combination, make the models works of applied art and subject to copyright protection. The design belongs to the founder of the company Karl Birkenstock and was unique. However, when these now-classic sandals first appeared, they weren’t received with enthusiasm. Fellow shoemakers found them crude.

Nevertheless, a court of first instance in Cologne later ruled that they fell within the copyright protection law, vindicating the company, while at second instance the decision was annulled.

If the company is now vindicated by the Federal Bankruptcy Court, this means that the copyright is still protected 70 years after the death of the owner. In any case, whatever the court’s decision, Birkenstock sandals will go down in history.

Edited by: Maria Rigoutsou