In a lawsuit, Birkenstock aimed to combat knockoffs, but the court determined the German footwear does not meet the definition of “applied art.”

Birkenstock sandals, which have evolved from a symbol of counterculture to a trendy fashion item, do not qualify as art and are therefore not protected by copyright, Germany's highest civil court ruled on Thursday.

Birkenstock sandals are ubiquitous in summer. But can the well-known footwear be considered art? That’s the question Germany’s Federal Court of Justice had to wrestle with on Thursday.

A German court is putting its foot down. Birkenstocks are not art. Birkenstocks are cool enough for influencers, Hollywood stars and even Barbie — but they do not qualify as art, Germany’s top court ruled Thursday. The company claimed that their shoes can be classified as art and therefore are protected by copyright laws.

Can Birkenstock sandals be considered art? That's what Germany's Federal Court of Justice had to decide on Thursday, and it ruled they're just comfy footwear.