Federal Court of Justice rules Birkenstock is not entitled to damages from cut-price imitators of its footwear.

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.

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.

But a German court may have just set a precedent on whether such work can be legally protected. This week, the court ruled that Birkenstocks fail to meet the legal definition of art. Birkenstocks are sandals with cork soles that conform to the wearer’s footprint.