Court-appointed legal representatives have conducted inspections at several small-scale factories across India in recent weeks to seize suspected counterfeit Birkenstock footwear. The action follows an intellectual property lawsuit filed by the German footwear brand.
Birkenstock is an iconic sandals brand that has transformed from a counterculture staple into a global fashion trend--including in India. In India, Birkenstock footwear for women typically retails from Rs 4,000 Rs 20,000.
Birkenstock sandals are also known for their high quality, functionality, and orthopaedically inspired designs. Birkenstock has evolved from its early orthopaedic focus to become a popular and influential force in the fashion world, influencing trends in comfortable and casual footwear. The classic two-strap design is quintessential Birkenstock and is known for its durable construction and excellent support.
The crackdown comes amid heightened scrutiny in India’s footwear sector. Earlier this month, Crocs received court approval to pursue a long-standing infringement case, while Prada drew criticism for showcasing sandals resembling traditional Indian footwear without initially crediting the source.
The Crocs brand of casual footwear, known for their distinctive moulded clogs made from a proprietary foam resin called Croslite, is very popular in India and counterfeit makers of the brand are galore.
In May, Birkenstock filed a lawsuit in the Delhi High Court against four footwear traders, four manufacturing units, and two unnamed individuals. The company claimed that an internal investigation had traced the production of fake sandals to rural areas in and around Agra, a major tourist destination, with the products being sold both locally and exported abroad.
On 26 May, Justice Saurabh Banerjee of the Delhi High Court issued a confidential order—only recently published on the court's website—authorising inspections of the suspect facilities. The judge appointed ten local lawyers as court commissioners to carry out the visits.
The order authorised the commissioners to “seize, pack and seal the infringing products”. It also included photographic evidence submitted by Birkenstock, showing the alleged counterfeit footwear and packaging carrying the brand’s logo.
Sources said the inspections were carried out in New Delhi and Agra and reports have been submitted confidentially to the court. The next hearing in the matter is scheduled for October 6.
In his May order, Justice Banerjee noted that he had examined samples and photographs of the allegedly counterfeit items and remarked that they “seem like a cheap knock-off” of genuine Birkenstock products.
“There is every likelihood of the public being deceived ... The differences, if any, are barely discernible to the naked eye,” the judge observed.
Once favoured by hippies, tech workers and healthcare professionals, Birkenstock gained fresh cultural relevance after actress Margot Robbie wore a pink pair in the final scene of the 2023 hit film Barbie.
