Birkenstock's case is going on across the identical time different shoemakers are within the information in India. Crocs this month secured a court docket nod to pursue a nine-year-old infringement case, whereas Prada is going through warmth over showcasing sandals much like ethnic Indian footwear with out initially giving credit score to India.
Reuters is first to report the Indian case particulars associated to Birkenstock sandals, which have developed from a counterculture image to a stylish trend merchandise, and are additionally in style in India.
In Could, Birkenstock filed an infringement lawsuit within the Delhi Excessive Courtroom in opposition to 4 footwear merchants, 4 factories and two unnamed people. Its criticism acknowledged an inside investigation discovered counterfeits had been being made in rural areas in and across the vacationer hub of Agra, and offered domestically and exported to different nations.
On Could 26, Delhi choose Saurabh Banerjee issued a confidential order that was solely made public on the court docket's web site final week. It mentioned 10 native legal professionals had been appointed as commissioners to go to the suspected factories.
The choose mentioned commissioners can “seize, pack and seal the infringing merchandise”, and his order included pictures that Birkenstock submitted displaying the alleged counterfeit footwear and shoe packing containers with the corporate's branding. The visits have been accomplished and reviews had been submitted confidentially to the choose, the three folks aware of the matter mentioned on Saturday, asking to stay unidentified. The following listening to within the case is ready for October 6. The visits had been carried out in Agra, residence to the Taj Mahal, and in India's capital New Delhi, the folks mentioned, declining to present additional particulars from their inspection.
Birkenstock didn't reply to queries from Reuters and its legal professionals from Delhi-based legislation agency Lall and Sethi declined to remark, citing the pending authorized case.
In his Could order, Banerjee mentioned he reviewed pictures and samples of the alleged counterfeit merchandise in court docket, they usually “seem to be an inexpensive knock off” of Birkenstock merchandise.
“There may be all probability of the general public getting deceived … The variations, hardly if any, aren't one thing which might be discernable to the bare eyes,” he wrote.
As soon as in style with hippies, tech fanatics and medical professionals, Birkenstock gained widespread consideration after Australian actress Margot Robbie wore a pair of pink Birkenstocks within the ultimate scene of the 2023 hit film “Barbie”.
In February, a German court docket mentioned Birkenstock sandals don't qualify as artwork and are subsequently not protected by copyright, dismissing a lawsuit introduced by the German firm.
In India, Birkenstock footwear for girls is priced between $46 and $233.
