Alpha News

Are Birkenstock Sandals Art?

Published January 25, 2026, 06:08

Birkenstock is seeking to secure intellectual property rights for its sandals, arguing that they are works of applied art. The company has already won a first-instance case, but the decision has been overturned on appeal. The case is now being considered by the Federal Court of Justice in Karlsruhe, following lawsuits against competitors selling similar sandals. The question is whether the design of Birkenstock sandals can be considered "art" under intellectual property law. Birkenstock's lawyer, Konstantin Wegner, argues that the individual elements of the design, such as buckles and straps, make the sandals works of applied art. He points out that similar protection has been granted to designs of Bauhaus lighting, Le Corbusier furniture, and Porsche models. However, the concept of "art" in the context of intellectual property is controversial. While protecting creative achievements is important, extending the concept of art to everyday objects like sandals can create problems. The court's decision will have significant implications for the protection of designs and innovation in the consumer goods sector. Regardless of the outcome of the case, Birkenstock sandals have already had an interesting journey from a product once considered "clunky" to an iconic fashion item. This case highlights the importance of protecting intellectual property, but also the need for a careful approach to applying the law.