Stomping out the competition: Can shoes be art?

By May M. Cheng and Nicolas Auger ( April 1, 2025, 2:30 PM EDT) -- Recently, the makers of iconic footwear from the 1970s and ’80s, including Birkenstock and Crocs, have been trying to extend protection for their footwear past the expiry of rights arising from industrial designs. These footwear styles have seen a resurgence in popularity including the Birkenstock sandal featured prominently as part of the plot of the recent Barbie movie. It should be noted that the designs at issue have also fallen into generic use though they remain popular and thus profitable for the originators if they can monetize exclusivity by finding a way to reassert monopoly rights....