Crocs says it has some big-name copycats, and it's taking them to court.
The Colorado-based shoe brand is suing Walmart, Hobby Lobby, and 19 other companies for copyright infringement, alleging the retailers copied its iconic clog.
In four lawsuits filed in several U.S. District Courts last week, Crocs claims the alleged knockoffs infringe on the “iconic design” of its $50 classic foam clog which features a "3D" shape and signature holes.
Crocs alleged in the suits that the products are "likely to cause confusion or mistake, or to deceive customers.”
The footwear company said it has “suffered and will continue to suffer irreparable harm to its goodwill and reputation,” pointing to reviews of the knockoffs on retailers’ websites which draw comparisons to the Crocs brand. According to the filing with the District Court for the Northern District of Illinois, an example of a "verified buyer" named Toya was included as evidence. Toya apparently left a review under a posting for Akira branded clogs, stating "I so love my crocs."
The new lawsuits come after Crocs filed a complaint in June with the United States International Trade Commission to request an investigation of unlawful import and sale of shoes that allegedly violate its registered trademarks.
"We pride ourselves in creating iconic products that are distinctly Crocs and this decisive action further demonstrates our commitment to protecting our brand, our trademarks and other intellectual property," Crocs CEO Andrew Rees said in a statement announcing the June complaint.
As for some of the shoes in question, Walmart's Time and Tru Women's EVA Clogs were still for sale for around $10 on its website on Friday, while Hobby Lobby removed its $12 "white foam clogs ladies shoes" from its site.
Comments from Walmart and Hobby Lobby were not immediately available when this article was published.
"These actions underscore our determination to take forceful steps to protect our trademarks and other intellectual property," Crocs Executive Vice President and Chief Legal & Risk Officer Daniel Hart said in a statement. "It is essential that we protect Crocs' iconic DNA, and we will not tolerate the infringement of our rights or those who try to freeride on the investments we have made in our brand."
Sales of Crocs have skyrocketed during the pandemic, thanks to celebrity partnerships and consumers’ desires for more comfortable footwear during lockdown. The brand reported a record-breaking second quarter on Tuesday, seeing a 93.3 percent increase in revenue to $640.8 million for the period.
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