Analysis

Fighting Over Footwear: 5 Shoe IP Battles Before Crocs

By Bill Donahue (July 20, 2021, 7:42 PM EDT) -- A sprawling set of infringement lawsuits filed by Crocs Inc. last week over look-alike plastic clogs is hardly the first such battle over shoe designs.

Crocs' federal lawsuits, along with earlier accusations made to the U.S. International Trade Commission, target Walmart, Hobby Lobby, Skechers and others, and claim that the alleged offenders copied the overall look of Crocs and infringed two trade dress registrations.

In going on the IP offensive, the shoemaker is following a well-trodden path. Fashion designs don't fit squarely into any area of American intellectual property law, but footwear companies in particular seem to have been willing to...

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