A Judge Dismissed Dawgs’ False Marketing Claims Against Crocs — But Legal Battles Remain for the Two Clog Makers

A judge in a Colorado District Court dealt Crocs a win in a legal dispute with a longstanding competitor. In a ruling filed on Sept. 14, Chief U.S. District Judge Philip A. Brimmer dismissed allegations that Crocs “falsely marketed its shoes” in violation of the Lanham Act, which prohibits trademark infringement, dilution and false advertising. The complaint, filed by Nevada-based footwear maker USA Dawgs Inc., focused on Crocs’ assertions that Croslite was “exclusive,” “proprietary” or “patented” material. Dawgs alleged that this wording misled customers into thinking Crocs were made from a material “different than any other footwear” and that the company “owns the rights” to Croslite, the main material used to make Crocs. In its motion of summary judgement, the court ruled that there are “no genuine issues of material fact” and “no dispute that Crocs produced Croslite and the shoes.” The ruling bolstered Crocs’ stance that the claims brought against the company by Dawgs are without merit. “Our hope is that the Court’s dismissal of Dawgs’ claims will allow Crocs to focus on the original issue at hand: Dawgs’ blatant disregard for our intellectual property rights in our iconic products,” VP of legal at Crocs Sara Hoverstock said in a statement to FN.

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