Issue No. 057 · Story 03 · September 23, 2026
Trade DressCrocs Targets Five Below Clogs and Charms
Crocs and Jibbitz filed a Colorado federal lawsuit accusing Five Below of infringing the Classic Clog trade dress, a footwear design patent, and three patents covering systems for attaching decorative charms.
- §The complaint targets Five Below's Juniors Charm Clogs, decorative charms, and a novelty shoe purse.
- §Crocs alleges that the clogs copy source-identifying elements including hole patterns, openings, and a textured band.
- §Jibbitz asserts patent claims based on how charms attach to molded footwear and how the accused products are sold together.
- §The plaintiffs seek an injunction, profits, damages, attorney fees, and destruction of allegedly infringing inventory.
THE TAKEAWAY
The complaint shows how a consumer product can be protected through overlapping rights. Crocs relies on trade dress and design patent claims for appearance, while Jibbitz asserts utility patents directed to the way charms and footwear work together.
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