What Are Those???

07.21.16

“What are THOSE?”… is the reaction I get from my children every time I wear my fashionable foam rubber shoes. This question now has another meaning. Are they Crocs? Or are they Koala Kids?

On Tuesday, July 19, 2016, Crocs Inc. filed suit against Toys R Us Inc. alleging patent infringement based upon Toys R Us’ sale of foam footwear products, seeking both a preliminary injunction and treble damages. 

Crocs is asserting two patents against Toys R Us, United States Patent No. 6,993,858 for Breathable Footwear Pieces and United States Design Patent No. D610,784. The claims of the utility patent include a number of details, but generally cover the molded foam shoe and strap. The Design Patent on the other hand covers the upper portion of the Crocs shoe design, including the arrangement of holes in the surface and band running across the edge (the sole and the movable strap are not part of the claimed design).

Crocs claims that the Koala Kids Eva Clog sold by Toys R US infringes Crocs’ Crocband shoes covered by the patents. Looking at the similarities between the two shoes in this case and the claims of the patents, Crocs appears to have a pretty solid case. While my kids don’t see the fashion in my choice of shoe, success is often reflected by the number of copycats. Crocs has certainly seen its share, previously suing Walgreen Co., TouchSport Footwear Inc. and Sketchers, and now Toys R Us.

DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/​or financial advisors for legal and tax advice tailored to your specific circumstances.

• Patent