In a complaint filed July 10 in U.S. District Court in Denver, Crocs alleges that “Skechers’ [Nano Lite foam shoes] are substantially similar to several Crocs-issued design patents [and] bear a confusingly similar imitation of the Crocs’ trade dress. In short, they are knock-offs of well-known Crocs styles.”
The general counsel for Skechers has vowed that the company will “vigorously” defend itself against the “baseless accusations.”
Crocs provided the court with side-by-side comparisons of the two companies’ products, highlighting what it believes to be patent- and trade dress-infringing similarities. Further, Crocs alleges that the logo on the Skechers shoes, a cartoon bear inside a circle, is confusingly similar to Crocs’ logo, which features a cartoon crocodile inside a circle.
While the outcome of this case is likely a while off, Crocs has demonstrated the proactive defense of its intellectual property that is encouraged of all IP owners. Intellectual property represents a substantial investment, and companies should not tolerate the misappropriation of revenue derived from those investments. Experienced counsel can help organize and protect a valuable portfolio of intellectual property rights to help a company succeed.
Footwear News story here.