Birkenstock steps up legal battle over fakes in India
The German shoemaker is pursuing legal action to counter growing counterfeit activity tied to its popular footwear.
According to people familiar with the matter, court-appointed lawyers recently inspected several small-scale factories in India to seize suspected counterfeit Birkenstock products. The move comes after Birkenstock filed a trademark infringement lawsuit in the Delhi High Court in May, naming four traders, four factories, and two unnamed individuals.
The inspections follow similar intellectual property disputes involving major fashion brands in India. Earlier this month, Crocs was allowed to proceed with a long-running infringement case, while Prada has faced backlash over using sandal designs similar to traditional Indian footwear.
Birkenstock's legal complaint stated that its internal investigation found fakes were being manufactured in rural regions near Agra—home to the Taj Mahal—and then sold domestically and exported.
On May 26, Delhi judge Saurabh Banerjee issued a sealed order, now public, authorising ten local lawyers to act as court commissioners and inspect the suspected sites. The judge allowed them to "seize, pack and seal the infringing products", citing photographs submitted by Birkenstock showing imitation sandals and boxes bearing its logo.
The inspections were conducted in Agra and New Delhi. Three sources confirmed that the raids are complete and confidential reports have been submitted to the court. The next hearing is scheduled for October 6.
Birkenstock and its legal counsel from Lall and Sethi declined to comment on the matter, citing the ongoing litigation.
Judge Banerjee, in his order, said the sample footwear reviewed in court "seem like a cheap knock off" and warned the alleged counterfeits could easily mislead buyers. "There is all likelihood of the public getting deceived ... The differences, hardly if any, are not something which can be discernible to the naked eyes," he wrote.
Birkenstock sandals, once favoured by hippies and healthcare workers, gained fresh pop culture status when Margot Robbie wore pink Birkenstocks in the final scene of the 2023 hit film Barbie.
The company has also faced legal battles elsewhere. In February, a German court ruled that Birkenstock sandals do not qualify as art, rejecting copyright protections.
In India, Birkenstock women's footwear is priced between US$46 and $233.
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