The company sued producers of Birkenstock-like footwear at a regional court in Cologne, which initially granted them the right to label their contoured cork footbeds as works of art.
But a higher court in Cologne rejected the claim, saying mere handicraft wasn’t enough to claim there was an artistic idea behind the object’s design.
Birkenstock appealed, but the Federal Court of Justice ruled the higher court had been correct in saying the company had failed to prove the design of the sandal was based on artistic considerations. “For copyright protection, a degree of design must be achieved that shows individuality,” the court stated.
After the ruling the company expressed disappointment but said they would continue to take legal action against imitators of their sandals.