Crocs Inc.’s alleged misleading patent statement is resurfacing again.
Competing clog makers Crocs and USA Dawgs Inc. have been battling each other for nearly two decades. In 2006, Crocs sued Dawgs, Double Diamond Distribution and Mojave Holdings (Dawgs) alleging patent infringement. The initial claims between the two parties have since been resolved.
Still outstanding is Dawgs’ counterclaim alleging false advertising claims against Crocs over assertions it made that its molded Croslite resin was made with “patented,” “proprietary,” or “exclusive” materials. Dawgs claimed that the misrepresentation allowed customers to think that the Croslite resin was different from what was used by other shoe manufacturers.
After making its way through the federal court system on appeal, Crocs requested a review by the U.S. Supreme Court, which was denied on Monday. That means a federal district court in Colorado, where the case was initially filed, will again have oversight on whether Crocs’ alleged false or misleading statements in commercial advertising could indirectly cause consumers to be misled.
“While we are disappointed that the Supreme Court has declined to hear this case, their decision does not impact our view that the district court correctly disposed of a meritless claim. We remain confident that, on remand, the district court will ultimately dismiss Dawgs’ unsupported claim through the various other mechanisms available to it,” a Crocs spokesperson said.
The case has...
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