German company escalates confrontation with shoe counterfeiters in India

Indian court-appointed legal representatives have been searching small factories in recent weeks to seize suspected counterfeit Birkenstock shoes, according to people familiar with the matter.

According to Reuters, this comes after the German company filed a trademark infringement lawsuit.

The Birkenstock case coincides with news reports about other footwear companies in India. Crocs this month received court approval to pursue a nine-year-old patent infringement case, while Prada is facing heavy criticism for offering sandals resembling Indian-style shoes, without initially noting that they were inspired by India. Reuters published details of the case filed in India regarding Birkenstock sandals, which have evolved from a counterculture icon to a trendy fashion item, also popular in India.

In May, Birkenstock filed a lawsuit in the Delhi High Court against four shoe retailers, four factories, and two unidentified individuals. The lawsuit stated that an internal investigation revealed that counterfeit shoes were being produced in rural areas in and around Agra, a tourist hub famous for the Taj Mahal. These products were being sold locally and exported to other countries.

On May 26, a judge issued a confidential order, which was not published on the court’s website until last week. The order appointed 10 local lawyers as commissioners to visit the suspected factories.

The judge stated that the commissioners could “seize, pack, and seal the infringing products.” His order included photographs submitted by Birkenstock, which it said showed counterfeit shoes and shoe boxes bearing the company’s trademark.