Birkenstock takes legal action against counterfeiters in India

German footwear brand Birkenstock has initiated legal action in India, leading to recent inspections and seizures at small-scale factories suspected of producing counterfeit footwear, according to individuals familiar with the matter.

This development comes as other prominent shoemakers also face legal challenges in the Indian market, with Crocs securing a court's approval for a nine-year-old infringement case, and Prada facing scrutiny for showcasing sandals resembling traditional Indian footwear without initial attribution.

Reuters was the first to report the specifics of Birkenstock's case in India, involving its iconic sandals that enjoy a significant following in India.

In May, Birkenstock filed an infringement lawsuit in the Delhi High Court against four footwear traders, four factories, and two unnamed individuals. The company's complaint alleged that an internal investigation revealed counterfeit products were being manufactured in rural areas near Agra, a major tourist hub, and subsequently sold both domestically and exported internationally.

On May 26, Delhi judge Saurabh Banerjee issued a confidential order, which was later made public on the court's website last week. The order appointed ten local lawyers as commissioners to visit the suspected factories. The judge authorized these commissioners to "seize, pack and seal the infringing products," and the order included photographic evidence submitted by Birkenstock, depicting the alleged counterfeit footwear and shoe boxes bearing the company's branding.

Quoting sources familiar with the matter, Reuters report added that the factory visits have since been completed, and confidential reports have been submitted to the judge, and the next hearing for the case is scheduled for October 6. These inspections were conducted in Agra and in India's capital, New Delhi, though further details from the inspections were not disclosed by the sources.

Birkenstock did not respond to queries from Reuters, and its legal representatives from the Delhi-based law firm Lall and Sethi declined to comment, citing the ongoing legal proceedings.

This Indian legal battle follows a recent decision by a German court in February, which ruled that Birkenstock sandals do not qualify as art and are therefore not protected by copyright, dismissing a separate lawsuit filed by the German company.