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 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.