December 04, 2008

It was recently announced that the makers of Crocs and Skechers footwear have settled their dispute initiated earlier this year by Crocs Inc. According to the Rocky Mountain News article (link below), Crocs Inc. filed suit this past July claiming that certain styles of footwear manufactured by Skechers USA Inc., including "Wooly Bully" and "Low Tide," were infringing patents owned by Crocs Inc. According to yesterday’s press release from Crocs Inc. (available at the Crocs website link below), "[w]hile specific terms of the agreement are confidential, Skechers® has agreed to discontinue production and sale of certain molded footwear styles and focus on its core footwear styles," and that the companies jointly stated that they are "pleased that we were able to resolve these matters without either side having to absorb the energy and expense that ongoing litigation requires," with all remaining pending matters expected to be settled this month.

This settlement will end all outstanding worldwide litigation between these two companies, including the July 10, 2008 filing within the U.S. District Court for the District of Colorado. In that lawsuit, Crocs Inc. alleged that Skechers USA Inc. was infringing its U.S. Patent Nos. D517,789 and D564,207 (two design patents for “Footwear”), infringing trade dress related to its footwear, and engaging in unfair competition related to the Crocs Inc. logo., common law unfair competition, and unfair and deceptive trade practices under Colorado law. A link to the original complaint (as hosted via the Counterfeit Chic website, also linked below and permanently linked on the DDIP blog website) is provided below for your reference.

Rocky Mountain News Article: LINK
Crocs Inc. Website: LINK
Original Complaint: LINK
Counterfeit Chic Website: LINK
U.S. Patent No. D517,789: LINK
U.S. Patent No. D564,207: LINK
Justia.com Case Webpage: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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