But the federal court of justice in Karlsruhe sided with the judgement of a lower court, ruling that Birkenstock’s sandals could not be considered “copyrighted works of applied art”.
They may be the footwear of choice for Hollywood A-listers and pop stars, but Birkenstock sandals are not works of art, Germany’s top court ruled on Thursday.
The company, whose sandals have over the years transformed from unglamorous footwear to coveted fashion items, wanted to stop three of its competitors from selling similar products.
The German sandal maker had sought a ruling that its footwear, known for its cork and latex soles, could be classified as art and thus afforded strong copyright protections.
Founded in 1774 in a small community in south-west Germany as a firm focused on making orthopaedic footwear, Birkenstock has grown into a globally recognised brand.
