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Business

Crocs sues Five Below over $7 copycat clogs

Crocs and its Jibbitz subsidiary have sued Five Below in a Colorado federal court, accusing the discount chain of copying its Classic Clog design and charm-attachment systems with a $7 rival.

By James Calloway · · 1 min read

A pair of black Crocs-style clogs with perforated fronts on a wooden floor
Photo: Skyeyemx / Wikimedia Commons (CC BY-SA 4.0)

Crocs has sued Five Below over a $7 pair of clogs, accusing the discount retailer of copying its famous footwear and infringing patents covering the charms used to decorate the shoes.

Crocs, Inc. and its subsidiary Jibbitz, Inc. filed the lawsuit on 18 September in the U.S. District Court for the District of Colorado, where Crocs is based. The companies accuse Five Below of infringing the Classic Clog trade dress, a footwear design patent, and three utility patents covering systems for attaching decorative charms to footwear and other wearable products.

At the centre of the case are Five Below’s “Juniors Charm Clog” and related charms, which Crocs says copy distinctive elements of its Classic Clog, including the arrangement of holes, trapezoid-shaped openings and a textured band. The suit also targets Five Below’s Novelty Shoe Purse, which Crocs says mimics its Classic Clog trade dress and a similar Crocs bag charm.

Crocs says it sent Five Below a demand letter on 4 March detailing its intellectual property concerns, and that the retailer acknowledged the letter but continued selling the disputed products.

Five Below lists its Juniors Charm Clog for $7, compared with $39.99 for Crocs’ Kids Classic Clog and $50 to $65 for its adult clogs. Crocs and Jibbitz are seeking a jury trial, unspecified damages including lost profits, a permanent injunction, attorneys’ fees and the destruction of inventory they say infringes their rights.

Five Below did not respond to a request for comment, according to PhillyVoice.

Sources

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