Will the German Federal Court of Justice find the substance of Birkenstocks has transubstantiated from functional orthopedics to works of art while their accidents remain unchanged? The iconic sandal manufacturer hopes so. Birkenstock is fighting a new wave of imitators and, therefore, seeking copyright protection for its Bohemian footwear in three recent suits. While the sandals may find some hope in Germany’s lowered creativity threshold, most likely, they are without a place to stand.