On Thursday, the German shoemakers filed three lawsuits alleging copyright infringement.
The footwear company considers its sandals to be protected works of applied art and Birkenstock lawyers argue that this copyright law gives the sandal’s creators exclusive rights of use, as it would for any artist or creator.
“Under copyright law it has been recognised for decades that outstanding designs of everyday objects can also be protected by copyright,” said Konstantin Wegner, a lawyer for the company.
The argument was unsuccessful with a lower court in Cologne, where judges ruled that the sandals don't meet the legal definition of a work of art, and has now been escalated to Germany’s highest court.
Germany’s federal court of justice is now to decide on the future of the much-loved, cork-based sandals.
