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Birkenstock Vs. The Law: Can Sandals Be Art?

Birkenstock sandals are an undisputed icon—embraced by counterculture movements, medical professionals, and fashionistas alike. But are they art? The German Federal Court of Justice doesn’t think so.

The Legal Battle Over Birkenstock’s Design

On February 20, Germany’s highest civil court ruled that Birkenstock’s signature sandals, while distinctive, do not qualify as art and are therefore not protected by copyright. The case, brought by the shoemaker against three competitors—including German retailer Tchibo—aimed to block the sale of similar wide-strapped, big-buckle sandals. Birkenstock claimed its designs were “copyright-protected works of applied art,” deserving of stronger intellectual property protection than ordinary consumer goods.

However, the court disagreed, concluding that functionality and craftsmanship outweighed artistic merit in this instance.

The Design Vs. Art Debate

Under German law, copyright protection extends 70 years after the creator’s death, while design protection lasts only 25 years from the product’s launch. With some of Birkenstock’s original designs dating back to the 1970s, many had already lost design protection. The company’s legal team sought to classify them as art, arguing their “iconic design” warranted extended copyright safeguards.

However, the court determined that products influenced by technical requirements and functional constraints do not meet the threshold for copyright protection. “For a work of applied art to be copyright-protected, it must reveal a distinct level of individuality beyond mere utility,” the ruling stated.

A Legacy Beyond The Courtroom

Birkenstock’s legal setback comes as the brand continues to expand its reach. Once a favorite among hippies and healthcare professionals, the brand experienced a pop culture renaissance following Margot Robbie’s pink Birkenstock cameo in the 2023 blockbuster Barbie.

Founded in 1774 and run by the Birkenstock family for six generations, the company transitioned to new ownership in 2021 when U.S. private equity firm L Catterton—backed by French billionaire Bernard Arnault’s luxury empire LVMH—acquired a majority stake. Birkenstock went public in 2023, cementing its status as both a heritage brand and a lucrative fashion player.

While Birkenstock’s sandals may not be art in the eyes of the law, their enduring cultural impact is undeniable. Whether they remain a symbol of comfort or a statement of style, their place in fashion history is already secured.

Web Summit 2026 Brings 70,000 Participants From 164 Countries To Lisbon

Around 70,000 people from 164 countries attended this year’s Web Summit in Lisbon, with China sending its largest delegation to the event so far. More than 50 representatives from the country’s artificial intelligence and robotics sectors took part, reflecting China’s growing presence in technologies reshaping manufacturing and services.

Founded in Dublin in 2009, Web Summit moved to Lisbon in 2016 and has since developed into one of Europe’s major technology conferences. The event brings together start-ups, investors and industry leaders, providing a platform for companies to present new technologies and explore business opportunities.

This year’s gathering also highlighted China’s expanding influence in the global technology industry, a trend noted by Web Summit founder Paddy Cosgrave.

Storm Charles Interrupts Conference Programme

The summit’s schedule was disrupted on November 11, when Storm Charles forced organisers to cancel activities for the day. The programme resumed on November 12, allowing the event to conclude as planned.

Despite the interruption, this year’s Web Summit highlighted several key developments shaping the technology sector, including advances in robotics and automation, intensifying international competition and continued demand for platforms connecting businesses with investors.

For Lisbon, the conference remains an important international technology gathering, bringing together companies and decision-makers while showcasing innovations moving towards commercial application.

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