Crocs sues Five Below over alleged design and patent infringement

Crocs and its subsidiary, Jibbitz, have filed a lawsuit in a Colorado federal court against the American discount retailer Five Below, alleging trademark and patent infringement.

The legal dispute centers on Five Below’s ‘Juniors Charm Clog’ and various accessories. Crocs claims that the $7 clogs sold by Five Below replicate recognizable features of its Classic Clog, including the hole layout, trapezoidal openings, and an embossed strip. The company argues these similarities could cause consumer confusion regarding the brand's affiliation with the cheaper products.

In addition to the footwear, the lawsuit involves decorative accessories. Jibbitz alleges that Five Below’s products violate three patents related to the mechanisms used to secure charms in footwear. Both parties have requested that the case be tried by a jury.