Crocs sued Five Below on Sept. 18, alleging its $7 Juniors Charm Clogs copy the Classic Clog and accompanying charms infringe Jibbitz patents. Crocs and its subsidiary seek unspecified damages, a jury trial and an injunction against sales of infringing products.
The complaint says the clogs copy the Classic Clog’s hole pattern, trapezoidal openings and textured decorative band. Crocs also says Five Below’s Novelty Shoe Purse mimics its Classic Clog and a Crocs bag charm. According to the suit, Crocs sent a demand letter on March 4; Five Below acknowledged receiving it multiple times but continued selling the products.
Crocs and Jibbitz also seek alleged lost profits, attorneys’ fees and destruction of inventory they say infringes their rights. Crocs’ global intellectual-property vice president said the company would pursue firms it believes copy its products; Five Below had not responded to People’s request for comment by Sept. 26.
