New Delhi: German footwear giant Birkenstock is taking legal action in India to clamp down on the production and sale of counterfeit versions of its iconic sandals.
In recent weeks, legal representatives appointed by an Indian court inspected multiple small-scale factories suspected of manufacturing fake Birkenstock products, according to sources familiar with the matter.
The legal crackdown comes after Birkenstock filed an infringement lawsuit in the Delhi High Court in May against four footwear traders, four factories, and two unnamed individuals.
The company claimed that an internal investigation had uncovered the manufacturing of counterfeit products in rural areas in and around Agra, a major tourist destination home to the Taj Mahal. These products were reportedly being sold in the local market and even exported overseas.
On May 26, Judge Saurabh Banerjee issued a confidential order, which was made public last week. The order appointed 10 local lawyers as court commissioners with the authority to visit, inspect, seize, pack, and seal any infringing products. The judge’s directive was supported by photographic evidence and sample shoes and packaging submitted by Birkenstock, which bore the company’s branding.
In his ruling, Judge Banerjee remarked that the counterfeit sandals appeared to be ‘cheap knockoffs’ and added that, “There is all likelihood of the public getting deceived… The differences, hardly if any, are not something which can be discernible to the naked eye.”
The court-ordered inspections have since been carried out in Agra and New Delhi, and the reports were submitted confidentially to the judge. According to three sources close to the matter, who requested anonymity, the next hearing is scheduled for October 6.
Birkenstock and its legal team from Delhi-based law firm Lall and Sethi declined to comment on the case due to ongoing legal proceedings.
This development comes amid a wave of intellectual property disputes involving major global footwear brands in India. Crocs recently secured court approval to proceed with a nine-year-old trademark infringement case, while Prada faced backlash for featuring sandals resembling traditional Indian footwear without initially crediting Indian craftsmanship.
Birkenstock, which has transformed from a niche, counterculture symbol favored by hippies, techies, and medical professionals into a globally sought-after fashion item, surged in mainstream popularity after actress Margot Robbie wore pink Birkenstocks in the closing scene of the 2023 blockbuster Barbie.
Despite its cultural impact, Birkenstock faced a legal defeat in its home country earlier this year. In February, a German court ruled that Birkenstock sandals do not qualify as art and therefore do not receive copyright protection, dismissing a lawsuit brought by the company.
In India, Birkenstock footwear for women retails between $46 (₹3,841) and $233 (₹19,456), underscoring its position as a premium product in the market. As the case progresses, the Delhi High Court’s response to the counterfeit issue could set a precedent for the protection of international fashion brands in India’s vast and complex manufacturing landscape.
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