German footwear company Birkenstock has initiated a wide-ranging anti-counterfeiting operation in India, with court-approved legal teams recently visiting several small-scale factories that were believed to be making counterfeit copies of its best-selling sandals, said people familiar with the matter.
The enforcement action is a follow-up to a trademark infringement suit Birkenstock had lodged in May before the Delhi High Court against four shoe traders, four manufacturing units, and two unknown individuals. The company’s own investigation had identified rural locations near Agra—a city famous for both tourism and domestic production—as hotspots for fake production, with the counterfeit items said to be sold in India and exported overseas.
On 26th May, Justice Saurabh Banerjee had issued a confidential order, now publicly accessible, appointing 10 lawyers to act as court commissioners. They were tasked to visit the specified premises, seize, seal, and note allegedly infringing products. The judge referred to evidence supplied by Birkenstock, such as photographs of knock-offs adorned with its mark, and stated that the products seemed to be “cheap knock-offs” likely to confuse consumers.
The court-ordered visits are now over in New Delhi and Agra, with confidential reports filed with the judge. The follow-up hearing is set for 6th October. As much as the inspections’ details are kept under wraps, those close to the case would not say more.
This legal push comes as several global footwear giants navigate similar disputes in India. Crocs recently secured court approval to revive a long-pending infringement case, while Prada has faced backlash for showcasing designs reminiscent of traditional Indian footwear without initial attribution.
The case also points to the long-term international popularity of Birkenstock, which was once a counterculture icon and is now a fashion staple. The company experienced increased visibility following the closing shot of the 2023 box-office blockbuster Barbie, in which actress Margot Robbie appeared wearing pink Birkenstocks. In India, women’s Birkenstock shoes cost between US $ 46 and US $ 233.
In an earlier ruling this year, a German court has decided that Birkenstock sandals fail the test of copyright eligibility as works of art, to the detriment of the company’s legal aspirations in its domestic market.
