Jacob Gallagher, The New York Times; Are Birkenstocks a Work of Art? A German Court Says No.
"On Thursday, the federal court of justice in Karlsruhe, Germany, ruled that Birkenstocks were not “copyrighted works of applied art,” making it harder for the 251-year-old German shoemaker to combat the widespread sale of duplicates of its sandals across the internet.
“For copyright protection to apply, there must be such a degree of design that the product displays some individuality,” the court wrote in its decision. Birkenstock’s sandals may be iconic enough for a “Barbie” movie cameo, but they do not display enough individuality for the German judiciary.
The case has been winding its way through the court system for years, as Birkenstock sought to copyright four of its orthopedic-rooted slip-ons: the Madrid, Arizona, Boston and Gizeh, which have inspired cheaper imitations."
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