By Arpan Chaturvedi
New Delhi (Reuters) A legal representative appointed by an Indian court in recent weeks inspected small factories in recent weeks to catch suspicious forged Birkenstock footwear, people familiar with the matter said.
The case of Birkenstock happened around the same time as other footwear manufacturers in the Indian news. Crocs received a court nod this month to file a nine-year-old tort case, while Prada faces heat when showing sandals similar to Indian ethnic footwear without initially expressing appreciation for India.
Reuters first reported details of Indian cases related to Birkenstock sandals, which evolved from countercultural symbols to fashion-fashion projects and were also popular in India.
In May, Birkenstock filed a tort lawsuit against four footwear traders, four factories and two people who asked not to be named in the Delhi High Court. Its complaint states that internal investigations found that rural areas and surrounding rural areas of Agra Tourism Hub are being forged and sold locally and exported to other countries.
On May 26, Delhi Judge Saurabh Banerjee issued a confidential order that was only made public on the court’s website last week. It said that 10 local lawyers were appointed as commissioners to visit suspicious factories.
The judge said the commissioner could “catch, pack and seal the infringing product” and his orders included photos submitted by Birkenstock showing allegedly forged footwear and company-branded shoes.
The visit was completed and the report was submitted to the judge in secret. The next hearing in the case is scheduled for October 6.
The people said the visit was conducted in Agra, the location of the Taj Mahal, and India’s capital, New Delhi, refused to provide further details from their inspections.
Birkenstock did not respond to inquiries from Reuters and its lawyers based in Delhi law firms Lall and Sethi, citing legal cases yet to be held.
Banerjee said in a May order that he reviewed photos and samples of so-called fake products in court that they “seemed to be cheap knocks on the door” of Birkenstock products.
He wrote: “There is a possibility that the public has been deceived… There is little difference, and it is not something that can be distinguished by the naked eye.”
Wearing a pair of pink Birkenstock in the final scene of the 2023 hit movie Barbie, Australian actress Margot Robbie was once popular among hippie, tech lovers and medical professionals.
