Birkenstock cracks down on fakes in India

NEW DELHI: Indian court-appointed legal representatives inspected small-scale factories in recent weeks to seize suspected counterfeit Birkenstock footwear, after the German brand launched an infringement lawsuit, people familiar with the matter said.

Birkenstock’s case is occurring around the same time other shoemakers are in the news in India. Crocs this month secured a court nod to pursue a nine-year-old infringement case, while Prada is facing heat over showcasing sandals similar to ethnic Indian footwear without initially giving credit to India.

Reuters is first to report the Indian case details related to Birkenstock sandals, which have evolved from a counterculture symbol to a trendy fashion item, and are also popular in India.

In May, Birkenstock filed an infringement lawsuit in the Delhi High Court against four footwear traders, four factories and two unnamed individuals. Its complaint stated an internal investigation found counterfeits were being made in rural areas in and around the tourist hub of Agra, and sold locally and exported to other countries.

On May 26, Delhi judge Saurabh Banerjee issued a confidential order that was only made public on the court’s website last week. It said 10 local lawyers were appointed as commissioners to visit the suspected factories.

The judge said commissioners can “seize, pack and seal the infringing products”, and his order included photographs that Birkenstock submitted showing the alleged counterfeit footwear and shoe boxes with the company’s branding.

The visits have been completed and reports were submitted confidentially to the judge, the three people familiar with the matter said on Saturday, asking to remain unidentified. The next hearing in the case is set for October 6.

The visits were conducted in Agra, home to the Taj Mahal, and in India’s capital New Delhi, the people said, declining to give further details from their inspection.
Birkenstock did not respond to queries from Reuters and its lawyers from Delhi-based law firm Lall and Sethi declined to comment, citing the pending legal case.

In his May order, Banerjee said he reviewed photographs and samples of the alleged counterfeit products in court, and they “seem like a cheap knock off” of Birkenstock products.

“There is all likelihood of the public getting deceived … The differences, hardly if any, are not something which can be discernable to the naked eyes,” he wrote.

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”.

In February, a German court said Birkenstock sandals do not qualify as art and are therefore not protected by copyright, dismissing a lawsuit brought by the German company.

In India, Birkenstock footwear for women is priced between $46 and $233.