Crackdown against Birkenstock ‘fakes’: Delhi HC orders factory inspections in India after footwear brand files lawsuit

In May, Birkenstock filed an infringement lawsuit in the Delhi HC against four footwear traders, four factories, and two unnamed individuals. On May 26, Justice Saurabh Banerjee of the Delhi High Court issued a confidential order, later made public on the court’s website, authorising swift legal action.

The judge appointed 10 local lawyers as court commissioners to visit the suspect locations.

They were directed to “seize, pack and seal the infringing products.” The order also included photographs submitted by Birkenstock showing alleged counterfeit sandals and packaging carrying its branding.

“There is all likelihood of the public getting deceived,” Justice Banerjee wrote in his order. “The differences, hardly if any, are not something which can be discernable to the naked eyes.” He noted that the samples “seem like a cheap knock off” of genuine Birkenstock footwear.

The inspections have since been completed, and confidential reports were submitted to the judge, said three people familiar with the matter, as per Reuters. The next hearing is scheduled for October 6.

The case adds to a growing list of high-profile intellectual property battles in India’s footwear sector. Earlier this month, Crocs secured the court’s nod to proceed with a long-pending infringement case. Meanwhile, Prada came under criticism for promoting sandals similar to Indian ethnic footwear without initially crediting the country’s cultural contribution.

Earlier this year, the Birkenstock faced a legal setback in Germany when a court ruled that its sandals did not qualify as art and were therefore not protected by copyright.