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Crocs Is Suing Five Below Over a $7 Clog. Winning the Case Could Hinge on 1 Tiny Design Detail
Crocs says Five Below sold look-alike clogs and charms after a March warning, and it is seeking damages and a permanent injunction.
Crocs and subsidiary Jibbitz Charms filed a lawsuit last week in U.S. District Court in Colorado, alleging Five Below knowingly sold "knockoff" versions of its famous foam clogs and decorative charms.
Following a March 4 demand letter, Crocs attorneys wrote that Five Below is "clearly attempting to trade off the significant investment Crocs has made in its brand" at lower prices.
Five Below's "Juniors Charm Clog" is listed for $7, while Crocs' classic adult clogs range from $50 to $75; the suit alleges the discount versions copy distinctive features like the textured band and hole patterns.
The lawsuit requests a jury trial and a permanent injunction to prevent Five Below from selling the disputed products, alongside demands for unspecified damages, attorneys' fees, and destruction of infringing inventory.
This litigation coincides with Five Below's rapid expansion to more than 2,000 stores, though the retailer has faced similar intellectual-property claims involving Stanley tumblers and Supergoop sunscreen.
Crocs is sweating Philadelphia-based discount detailer Five Below over the design of its logs and charms, allering the company is similar Crocs footwear and charms to sell at a lower price.