Recent weeks have seen Indian court-appointed legal representatives visit a number of suspected small-scale factories allegedly making fake Birkenstock shoes. This follows a German shoe company filing an infringement case, according to individuals with knowledge of the matter.
Birkenstock’s court battle is playing out even as other global shoemakers take center stage in India. Crocs gained court permission to pursue a nine-year-old lawsuit alleging infringement, while Prada came under fire for displaying sandals that look like classic Indian shoes without first giving credit to India.
Details of Birkenstock’s Indian Lawsuit
Reuters first reports the details of the Indian case of the Birkenstock sandal, which were formerly counterculture icons turned mainstream fashion trend items, commonly worn in India as well.
In May, Birkenstock sued four shoe traders, four factories, and two unknown men in the Delhi High Court. The company’s lawsuit brought to light an internal investigation that found that fake products were being made in rural areas surrounding Agra, a popular tourist destination, and then being sold locally and exported overseas.
On May 26, Delhi judge Saurabh Banerjee made a sealed order, which came into the public eye last week. It made ten local lawyers commissioners to visit the targeted factories. The judge ordered that commissioners were able to ‘seize, pack and seal the infringing products’, citing images Birkenstock supplied that were said to show bogus footwear and boxes featuring the company’s branding.
Inspections and Next Steps
The inspections were subsequently conducted in Agra, where the Taj Mahal is located, and New Delhi. The reports were given to the judge confidentially, three sources told The Associated Press on Saturday, speaking on condition of anonymity because of the delicacy of the issue. The judge is set to hear the case again on October 6.
In his May verdict, Judge Banerjee has said that upon going through the photographs and samples of the alleged counterfeit products, they ‘look like a cheap knock off’ of Birkenstock’s original shoes. He went on to say, “There is all likelihood of the public being deceived. The differences, barely if any, are not something which can be discernable to the naked eyes.”
Birkenstock did not respond to Reuters’ requests for comment, while its legal representatives at Delhi-based firm Lall and Sethi declined to speak, citing the ongoing case.
Brand with a Broad Legacy
Birkenstocks, once favored by hippies, tech enthusiasts, and medical professionals, recently gained fresh pop culture prominence when Australian actress Margot Robbie wore pink Birkenstocks in the final scene of the blockbuster 2023 film Barbie.
Earlier this year, a German court decided that Birkenstock sandals do not qualify for artistic protection under copyright law and dismissed the case filed by the company.
In India, Birkenstock women’s shoes cost between $46 to $233.
