The family-owned company wanted to stop three competitors from selling similar products and therefore requested a review of whether the cork- and latex-equipped shoes could be classified as art and thus receive stronger copyright protection.
However, the Federal Court in Karlsruhe follows the same line as a lower instance and rules that Birkenstock's sandals cannot be considered "copyright-protected works of applied art".
"For copyright protection to apply, there must be such a degree of design that the product exhibits a particular originality. Ordinary craftsmanship with formal design elements is not enough," the court writes.
