Shahin Akhtar
On 03.07.2025, the Delhi High Court order inspections of factories in India suspected of manufacturing counterfeit Birkenstock sandals. Birkenstock is a German shoe company, who took legal action against several entities, including shoe retailers and factories, for allegedly violating its brand identity.
Birkenstock discovered that various counterfeit versions of its products were being produced in rural areas around Agra, with sales extending to both domestic and international markets. The Court, after reviewing the evidence, authorized swift legal action and appointed 10 local lawyers as Court Commissioners to visit the suspect locations.
Recent inspections were carried out, with instructions to confiscate and secure products that violate the trademark. Justice Saurabh Banerjee, who passed the order, noted that the differences between the genuine and counterfeit products were hardly discernible to the naked eye. He observed that the samples seemed like “cheap knockoffs” of Birkenstock footwear, which could deceive the public.
The Court reviewed images of suspected fake sandals and packaging provided by Birkenstock. The investigation has concluded, and the findings have been filed with the court. The matter is listed for further proceedings on October 6, 2025.
In a separate development, a German Court recently ruled against Birkenstock, determining that its sandals lack the artistic merit necessary for copyright protection. However, in India, the brand has taken a proactive approach to protect its trademark, and the Delhi High Court’s order demonstrates the country’s commitment to enforcing intellectual property rights.
The outcome of this case will be closely watched, and it remains to be seen how the court will rule on the matter. Nevertheless, the crackdown on fake Birkenstocks is a significant step towards protecting the brand’s reputation and intellectual property in India. The case serves as a reminder of the importance of protecting intellectual property rights and the need for brands to take proactive measures to safeguard their trademarks and reputation.
Case Name: Birkenstock Ip GMBH Vs. Ashok Kumar(S)/ John Doe(S) & Ors.
Case No: CS(COMM)531/2025
Bench: Justice Saurabh Banerjee
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