Are Birkenstocks, referring to examples of the brand of sandals, art? The company says yes, but the courts in Germany say no, they're footwear. The company was attempting to use an art-friendly element of local copyright law to make it harder to sell sandals that resemble their own.
The shoe manufacturer claimed its sandals "are copyright-protected works of applied art" that may not be imitated. Under German law, works of art enjoy stronger and longer-lasting intellectual property protections than consumer products.
The company asked for an injunction to stop its competitors from making copycat sandals and order them to recall and destroy those already on the market. The defendant companies were not identified in the court statement.
They took it all the way to the highest relevant court in the land, and now they must endure international headlines quoting judges opining that the "level of design" is "too low" to enjoy copyright protection.
Previously:
• Birkinstocks are Birkenstocks made from destroyed luxury Birkin bags
• Someone just paid $200,000 for Steve Jobs's rotting Birkenstocks
• Barbie must decide between high heels and Birkenstocks in wild new 'Barbie' trailer
• Sandal socks make you look like you're wearing Birkenstocks
• Check out Tucker Carlson's clean, dustless workshop full of unused products
