Delhi High Court Passes John Doe Order In Favour Of Birkenstock, Orders Local Commissioners To Inspect Infringers' Premises

While passing a john doe order in favour of footwear brand Birkenstock, the Delhi High Court has ordered inspection by local commissioners on the premises of infringer entities.

Justice Saurabh Banerjee restrained the defendants or distributors or sellers or importers or exporters or franchises from selling or marketing or dealing in the products bearing “Birkenstock” trademark or its trade dress.

The Court passed the order in an interim injunction application moved by Birkenstock in its trademark infringement suit filed against various defendant entities and john does.

Justice Banerjee said that the products of the defendants were like a cheap knock off of Birkenstock products and that there was hardly any difference inter-se the products in question.

The Court said that prima facie, Birkenstock was entitled to the relief of injunction and it has a far-reaching effect, if the company is not protected.

Further, the Court said that in order to preserve the counterfeit and infringing materials, Local Commissioners be appointed to visit the premises of the defendants, including John Does.

Counsel for Plaintiff: Mr. Chander M. Lall, Sr. Adv. with Mr. Raghav Malik, Ms. Aastha Kakkar, Mr. Lalit Alley, Mr. Prashant, Ms. Nida Khanam, Ms. Ananya Chug and Ms. Annanya Mohan, Advs

Title: BIRKENSTOCK IP GMBH v. ASHOK KUMAR(S)/JOHN DOE(S) & ORS

Click here to read order