Once sneered at as the preserve of muesli-loving, Guardian-reading hippies, Birkenstocks have more recently been promoted to the status of fashion item, not least since they took a starring role in the Barbie movie. But now cork-soled sandals are facing their day in court as their German makers call for them to be protected in perpetuity – and to be recognised as nothing less than a unique work of art.
Germany’s federal court of justice is to decide on the future of the ergonomic sandal after three lawsuits against alleged copycat competitors were lodged on Thursday by the footwear manufacturer.
The competitors, including Tchibo, are alleged to have sold sandals considered to be very similar to the Birkenstock models, violating copyright law, according to Birkenstock’s lawyers who argue the company’s shoes should be considered “works of applied art”.
The origins of the sandal go back to the 18th century, and its inventor Johannes Birkenstock according to the company, which is based in Linz am Rhein in the state of Rhineland-Palatinate. The trademark contoured cork footbed was introduced in the 1960s, causing its popularity – though not, initially, its status as a fashion item – to soar.
Birkenstock lawyers argue that copyright law gives the sandal’s creators exclusive rights of use, as it would for any artist or creator, whether of written works, computer programmes, or paintings. The Porsche 356 car, another German invention, is also protected by this law, according to a ruling by the court from April 2022. Furniture by the Swiss-French artist Le Corbusier, and lighting designed by the Bauhaus art movement have also received similar protection.
“Under copyright law it has been recognised for decades that outstanding designs of everyday objects can also be protected by copyright,” said Konstantin Wegner, a lawyer for the company.
The row focuses on four particular models of the leather – and more recently faux-leather – slip-ons, which Birkenstock says are most commonly associated with its brand. Arizona is the classic Birkenstock with two straps, a pair of which were offered in the film Barbie to its star Margot Robbie with the ceremony usually reserved for Cinderella’s slipper, and which was also the model favoured by the late Apple founder Steve Jobs, whose old pair sold at auction in 2022 for nearly $220,000 (£179,000).
The other three types of sandal in the spotlight are the Gizeh model, which fits between the toes like a flip flop and has often been worn by Heidi Klum; the one-strapped Madrid model favoured by Sex and the City star Sarah Jessica Parker; and the Boston Clog, by which reality TV star Kendall Jenner is said to swear.
The case has ended up at Germany’s highest court, after two previous judgments reached opposite conclusions as to whether the term “applied art” could be used in reference to the footwear, with Cologne’s higher regional court failing to identify any artistic achievement.
A ruling was not expected on Thursday.