Delhi High Court Grants John Doe Order to Birkenstock in Trademark Infringement Case

The Delhi High Court has granted a John Doe order in favour of Birkenstock, restraining multiple defendants from selling counterfeit products using its trademark or trade dress.

Justice Saurabh Banerjee observed that the infringing goods were nearly identical to Birkenstock’s originals and amounted to cheap imitations.

The Court held that Birkenstock had made a prima facie case for injunction and that lack of protection could have serious consequences.

To preserve evidence, the Court appointed local commissioners to inspect the premises of the named defendants and unknown parties (John Does) involved in the alleged trademark infringement. (Birkenstock IP Gmbh v. Ashok Kumar(s)/John Doe(s) & ors.)