Delhi HC orders seizure of counterfeit Birkenstock sandals; Factories in Agra raided following company lawsuit

Legal officials of the Delhi High Court reportedly inspected small-scale factories in Agra following a confidential court order to seize suspected counterfeit Birkenstock footwear, according to a report by Reuters.

As per the report, the German brand had launched a copyright infringement lawsuit in May stating that an internal investigation had revealed the production, sales, and export of counterfeits in the rural areas of Agra.

Further, the company had acquired proof through photographs showing the fakes in boxes with the company’s original branding, which were later submitted to the court.

The court order, which was made public on the court’s website only last week, stated that Justice Saurabh Banerjee of the Delhi High Court had ordered inspections of suspected units manufacturing the bogus footwear in May. Ten local lawyers were appointed as commissioners, and granted permission to "seize, pack and seal the infringing products".

Reports have been submitted following the successful completion of the visits, ensuring confidentiality. The next hearing is scheduled for October 6.

Notably, Germany’s highest civil court reportedly ruled in February that Birkenstock sandals qualify only as pieces of design, not as art, and are therefore not protected by copyright.

Rising cases of IP infringement among global brands

Prada, the Italian luxury fashion brand, had recently faced criticism for imitating India’s Kolhapuri chappals and showcasing them in a show in Milan without giving credit to its creators in India.

Crocs had similarly sued several Indian companies including Bata for replicating their signature rubber clogs nine years ago.

The High Court permitted the company to pursue the case on Tuesday, following an appeal filed by Crocs Inc.