Crocs sues Five Below over alleged design infringement

Crocs and its subsidiary Jibbitz have filed a lawsuit against discount retailer Five Below, alleging the infringement of trademark and patent rights. The legal action centers on Five Below’s ‘Juniors Charm Clog,’ which Crocs claims mimics the distinctive design elements of its Classic Clog, including the specific arrangement of holes, trapezoid-shaped openings, and the textured heel strap.

Beyond the footwear itself, Jibbitz alleges that Five Below’s decorative charms violate three patents regarding attachment systems for wearable products. The lawsuit also targets a ‘Novelty Shoe Purse’ sold by Five Below, which Crocs claims copies the perforated, boxy shape of its signature clogs and bag charms.

According to the complaint, Crocs issued a demand letter regarding these concerns on March 4. While Five Below reportedly acknowledged receipt of the letter, Crocs alleges the retailer continued to sell the disputed items through at least June. Crocs is seeking a permanent sales ban, damages, attorney fees, and the destruction of the infringing inventory.