Crocs says Five Below copied its famous clog design

Crocs is suing Five Below over a $7 pair of clogs, alleging the discount retailer copied elements of its footwear and infringed patents covering the charms used to decorate the shoes.

Crocs and its subsidiary, Jibbitz, filed the lawsuit Sept. 18 in U.S. District Court for the District of Colorado, where Crocs is based. The companies accuse Five Below of infringing trademarks and patents through its Juniors Charm Clog and related accessories, according to court documents.

At the center of the case are Five Below's clogs, which Crocs says copy distinctive elements of its Classic Clog. The company alleges the shoes feature similarities including the arrangement of holes, trapezoid-shaped openings and a textured band. Crocs says those similarities could lead consumers to believe the Five Below shoes are affiliated with Crocs.

The lawsuit also takes aim at the charms sold with Five Below's clogs. Jibbitz says the retailer's charms infringe three patents covering systems for attaching decorative charms to footwear and other wearable products. Crocs also says Five Below's Novelty Shoe Purse copies elements of the Classic Clog and a Crocs bag charm.

Crocs says it sent Five Below a demand letter March 4 detailing its intellectual property concerns. According…

Original source: https://www.usatoday.com/money/