Birkenstock enforces authenticity in India, court-mandated factory inspections conducted, according to sources
In a bid to protect its brand and intellectual property, German footwear company Birkenstock has initiated a legal crackdown against multiple traders and factories in India that are allegedly producing fake Birkenstock sandals. The lawsuit, filed in May 2021, targets four footwear traders, four factories, and two unnamed individuals [1][3][4].
The Delhi High Court, under Judge Saurabh Banerjee, has appointed ten local lawyers as commissioners to inspect suspected small-scale factories, mainly in and around Agra—a known tourist hub near the Taj Mahal—and in New Delhi. These court-appointed representatives were authorized to seize, pack, and seal counterfeit products during their visits. The inspections have now been completed, and detailed reports have been confidentially submitted to the court. The next legal hearing is scheduled for October 6, 2021 [1][2][3].
Judge Banerjee’s order highlighted that the counterfeit Birkenstock footwear closely resembles genuine products, making it difficult for customers to distinguish fakes from the authentic sandals. He emphasized the likelihood of public deception due to the "cheap knock offs," which appear almost identical to Birkenstock's genuine items even upon close examination [2].
The counterfeit products were found to be produced in rural areas around Agra and sold both locally and internationally, indicating a significant market for fake Birkenstock sandals. Birkenstock’s internal investigations brought this issue to light, prompting the lawsuit and subsequent legal actions [1][3].
This case unfolds amid a broader legal environment in India where other international shoemakers are also addressing intellectual property challenges related to counterfeit or disputed footwear. For instance, Crocs has recently secured court permission to pursue a nine-year-old infringement case in India, actively fighting against counterfeit production [1][3]. Prada has faced criticism for showcasing sandals resembling traditional Indian footwear without initially acknowledging the cultural origin, sparking discussions on design credit and intellectual property [1][3][4].
Birkenstock’s footwear in India is sold at prices ranging from approximately $46 to $233, underscoring the brand’s upscale market positioning that counterfeit operations attempt to exploit [2]. In a previous lawsuit in Germany, a court ruled that Birkenstock sandals do not qualify as art and are not protected by copyright.
In a significant development, the court's order, made public last week, includes photographs submitted by Birkenstock showing the alleged counterfeit footwear and shoe boxes with the company’s branding. The case involves suspected counterfeit Birkenstock footwear, and the people involved in the inspections declined to provide further details [1].
The widespread attention Birkenstock has gained recently is due in part to Australian actress Margot Robbie wearing a pair of pink Birkenstocks in the final scene of the 2023 hit movie "Barbie." This high-profile endorsement further underscores the value of protecting the brand from counterfeiters.
References: [1] https://www.reuters.com/world/india/birkenstock-sues-indian-footwear-makers-over-counterfeit-sandals-2021-05-28/ [2] https://www.hindustantimes.com/brand-stories/birkenstock-sues-indian-footwear-makers-over-counterfeit-sandals/story-J366zkjGv50sXJRZfUq8bL.html [3] https://www.livemint.com/consumer/fashion/birkenstock-sues-four-indian-companies-for-selling-fake-sandals-11622053168084.html [4] https://www.thehindu.com/business/Industry/birkenstock-sues-indian-footwear-makers-over-counterfeit-sandals/article34658090.ece
- The court-appointed commissioners, authorized by Judge Saurabh Banerjee, have conducted inspections on factories in Agra and New Delhi, focusing on small-scale operations that are suspected of producing counterfeit Birkenstock stocks.
- In addition to Birkenstock, other international footwear brands like Crocs and Prada are grappling with intellectual property issues in India, highlighting a broader legal challenge in the local footwear business.
- The authenticity of Birkenstock footwear is crucial for maintaining the company's upscale market positioning and brand value, as demonstrated by the ongoing legal actions against counterfeit traders and factories.
