Crocs and its subsidiary Jibbitz Charms have filed a federal lawsuit against discount retailer Five Below in U.
S. District Court in Colorado.
The complaint alleges the chain infringes several patents and trademarks by selling knockoff foam clogs and decorative charms.
The suit targets Five Below's Juniors Charm Clogs, which Crocs claims copy the design of its Classic Clogs.
It also covers imitation versions of Jibbitz charms that fit into shoe holes.
Crocs alleges Five Below ignored demand letters sent earlier this year regarding the similarities.
Price Gap and Customer Confusion
According to court filings, Five Below offers its imitation clogs online for $7.
Crocs sells its children's Clogs for roughly $40 to $44.99 and classic adult versions for $50 to $75.
Crocs alleges the cheap imitations are likely to cause customer confusion and trade off its brand investment.
Attorneys for the plaintiff criticized the discount retailer's commercial strategy in the filing.
"Clearly attempting to trade off the significant investment Crocs has made in its brand," the attorneys wrote.
Crocs is seeking a jury trial, an injunction to stop sales of the disputed products, and unspecified monetary damages for lost profits and legal fees.
The company reports annual sales exceeding $4 billion and sells 150 million pairs of shoes each year.
Five Below spokespeople did not respond to requests for comment regarding the litigation.
Clogs covered in the lawsuit were absent from display at its Center City location in Philadelphia.
The Philadelphia-based retailer operates over 2,000 stores across 46 states.
It reported net sales growth of over 27 percent in its latest earnings report.
