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 has walked all over Birkenstock’s attempt to copyright its iconic sandals in an IP battle fought by Hogan Lovells, SKW Schwarz, and BGH.