Crocs is putting its foot down over Five Below’s $7 clogs.
The cult-favorite footwear company is suing the discount retailer, claiming its Juniors Charm Clogs and accompanying decorative charms infringe Crocs’ trademark and patent rights.
Crocs says Five Below’s clogs copy several distinctive features of its Classic Clog, including the pattern of holes, trapezoid-shaped openings and textured band, The Fashion Law reports. These similarities could confuse shoppers into thinking the Five Below shoes are connected to Crocs, according to the rubber-like shoe maker.
Crocs is also challenging Five Below’s Novelty Shoe Purse, saying the clog-shaped accessory copies the look of its Classic Clog and a similar Crocs bag charm, including their perforated fronts and boxy shape.
Jibbitz, meanwhile, says Five Below’s decorative charms violate three patents covering how charms are attached to shoes and other wearable products. It alleges that Five Below infringed those patents by selling the charms with molded shoes and promoting the products together online.
Crocs says it warned Five Below about the alleged infringement in a March 4 demand letter, per The Fashion Law. Although Five Below allegedly acknowledged receiving the letter twice, it continued selling the disputed shoes, charms and other products through at least June, Crocs says.
Crocs and Jibbitz are seeking a court order to stop Five Below from selling the products, along with profits, damages, attorneys’ fees and the destruction of the allegedly infringing inventory. They also request a jury trial.
Beth Cooperstein, Vice President of Global Intellectual Property for Crocs, Inc., told The Independent in a statement: “Crocs does not hesitate to take action against companies that seek to profit from the strength of our brand through unauthorized copying. We aggressively enforce our intellectual property rights and will continue pursuing those who attempt to trade on Crocs' goodwill, capitalize on our innovation or create confusion for consumers.”
The Independent has also contacted Five Below for comment.
The lawsuit is not Five Below’s first legal fight over allegations that it sold cheaper versions of recognizable products. Last year, the maker of Stanley tumblers sued over an alleged knockoff, while other companies, like Supergoop sunscreen, have also brought intellectual-property claims involving products sold by Five Below.
Crocs sells about 150 million pairs of shoes each year, the Chicago Tribune reports, and generates more than $4 billion in annual sales.
The legal fight comes as Five Below is reporting strong financial results. The retailer opened 101 new stores this year as of August, while net sales increased by more than 27 percent compared with the same period last year, according to the outlet.
Five Below also reported more than $344 million in net income, up from nearly $84 million a year earlier.
Founded in Wayne, Pennsylvania, in 2002, Five Below has since grown to more than 2,000 stores across 46 states. The company moved its headquarters to Philadelphia in 2018.
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