NEW DELHI: The Delhi High Court has taken a decisive stance against counterfeit Birkenstock sandals in a legal campaign that spread through workshop hubs in Agra and Delhi. Following a suit filed in May by the illustrious German footwear brand, Justice Saurabh Banerjee authorised court-appointed commissioners to raid and seize counterfeit stock from suspected factories and traders.
In its suit, Birkenstock detailed how factory–based imitators were producing sandals mirroring the brand’s signature cork-footbed styles—so precisely, Justice Banerjee observed, that “differences, hardly if any, … are not something which can be discernible to the naked eye”. Seizure orders, photographs, and product samples were collectively submitted under strict legal protocols. The next court hearing is scheduled for October 6.
Fakes Sold Locally and Exported Abroad
Birkenstock’s complaint reveals counterfeiting operations in “rural areas around Agra,” with knock-offs found on Indian streets and in international shipments. The activities mirror broader IP infringements: earlier this year, Crocs won permission to revive a nine-year legal battle, while Prada faced criticism over sandals echoing traditional Kolhapuri styles without credit.
The brand’s entry into mainstream fashion—highlighted by its pink pair in the 2023 hit film Barbie—has made genuine Birkenstocks a sought-after item. In India, female models range from ₹3,950 to ₹20,010 (US$46–233), making inferior fakes an affordable threat.
Cross‑Border Trade and Consumer Risk
Deceptive Designs Undermine Buyer Trust
The court recognised that visually indistinguishable counterfeits pose a genuine risk to consumers. Justice Banerjee’s ruling noted that “the public [is] likely to be deceived,” underscoring that even well-informed buyers could be misled.
Industrial Scale and Export Channels
Confiscated sandals confirm that bootleg production is not limited to small crafts but may involve export networks. Commissioner-led seizures revealed a sophisticated distribution web, raising alarms over intellectual property violations and trade law breaches.
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Implications for Brand Protection and Enforcement
Fashion industry experts suggest that this action reflects a turning point in India’s approach to counterfeit goods. Legal specialists stress the importance of proactive enforcement and consumer education in curbing fake marketplaces. With other brands like Crocs and Prada pursuing similar lawsuits, Delhi’s judicial system appears increasingly ready to rule in favour of trademark protection.
Birkenstock and its legal team have declined to comment further, and the identities of the defendants remain confidential. Still, the intensity and geography of the raids indicate more follow-up action is likely before the October hearing.
About the Author – Sahhil Taware is a B.Sc. LL.B. (Hons.) student at National Forensic Sciences University, Gandhinagar, with a keen interest in corporate law and tech-driven legal change.