A regional court in Cologne initially recognised the shoes as works of applied art and granted the orders, but Cologne's higher regional court overturned the orders on appeal, according to German news agency DPA.
Small Dutch firm Kecofa Cosmetics was ordered by a court in 2004 in the city of Maastricht to stop producing, selling, stocking, importing and exporting its perfume Female Treasure, as its smell replicated Tresor, made by French perfume and cosmetics maker Lancome.
Copyright is also different to trademark, the first protects the original creative elements of a design, like unique patterns, prints, or graphic designs, while the latter protects a brand's identity like logos, names, and symbols that distinguish it from competitors.
Under German law, copyright protection is valid for 70 years after the creator's death, while design protection hinges on the product's lifespan and ends after 25 years.
Birkenstock creator and shoemaker Karl Birkenstock, who was born in 1936, is still alive, but since he crafted his initial designs in the 1970s, some sandals no longer enjoy design protection.
