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Crocs to appeal patent infringement rejection

By Georgie Lillington

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Crocs, the US footwear giant are appealing a decision made by the U.S. Patent and Trademark Office (USPTO) that suggests the Crocs’ signature clog design is not original.

US footwear retailer USA Dawgs have claimed, with approval from the USPTO, that a similar patent was applied for a year before Crocs was first granted the D517789 patent for their iconic design. If Crocs do not appeal within 30 days, the USPTO are able to issue and publish a certificate that cancels any claim of the patent.

Crocs are now appealing this decision, a spokesperson for the brand said in an interview with Footwear News: “Crocs is confident that the appeals process will result in a favorable ultimate outcome and allow it to continue to use this design patent, along with its many other intellectual property rights, to defend its iconic products well into the future.”

The rival between Crocs and USA Dawgs dates back to 2006, when Crocs themselves accused the brand of infringement. Resurfacing this year, USA Dawgs sued Crocs for copying the brand’s ‘Z-strap sandal’ and are now continuing to press the brand with this accusation.

Happy with the outcome, USA Dawgs CEO Steve Mann said “for us this is quite significant — this is a testament and endorses what our position has been all along.”

Crocs are not taking these accusations lightly: “this recent complaint filed by USA Dawgs in Nevada is yet another attempt to harass Crocs and disrupt its business,” a spokesperson said. “The claims contained therein are not only unfounded and without merit, they are an attempt to personally attack otherwise innocent individuals.”

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