KARLSRUHE, Germany, Feb 20 (Reuters) - 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.

The Federal Court of Justice dismissed a lawsuit brought by

the German company, which had sought to prevent competitors,

such as Germany's Tchibo, from selling similar models.

"The claims are unfounded because they (the sandals) are not

copyright-protected works of applied art," presiding judge

Thomas Koch said.

Under German law, copyright protection is valid for 70 years

after the creator's death, while design protection hinges on the

product's lifespan and ends after 25 years.

The legal distinction between design and art in German law

lies in a product's purpose. Design serves a practical function

while works of applied art require a discernible level of

individual artistic creativity.

Shoemaker and Birkenstock dynasty member Karl Birkenstock,

born in 1936, is alive. However, since he crafted his initial

designs in the 1970s, some sandals no longer enjoy design

protection.

As a result lawyers asked the court to classify the shoes as

art.

Konstantin Wegner, Birkenstock's lawyer, said the sandals

had an "iconic design" and announced further litigation after

the decision was announced. "We want to add arguments in these

pending proceedings", said Wegner without elaborating.

Once popular with hippies, tech enthusiasts and medical

professionals, Birkenstock gained widespread attention after

Australian actress Margot Robbie wore a pair of pink

Birkenstocks in the final scene of the 2023 hit movie "Barbie".

Founded in 1774, Birkenstock was run by the namesake family

for six generations until it sold a majority stake to L

Catterton, a U.S. private equity firm backed by French

billionaire Bernard Arnault and his luxury goods empire LVMH

.

L Catterton remained Birkenstock's biggest shareholder after

the company went public in 2023.