Crocs Inc. has been awarded over $6 million following a decision regarding patent infringement by USA Dawgs and its subsidiary Double Diamond Distribution. Crocs was embroiled in years of litigation against USA Dawgs and Double Diamond Distribution over the Classic Clog design.
The dispute between Crocs Inc. and Double Diamond Distribution Ltd. has also extended to Canada. In 2022, the Federal Court ruled that Double Diamond Distribution Ltd., operating as Canada Dawgs, had infringed upon Crocs Inc.’s industrial design rights related to Crocs’ MAMMOTH line of fleece clogs (Industrial Design Registration No. 120, 939). As a consequence, the Federal Court awarded Crocs Canada, Inc. and Crocs Inc. nearly $650,000 for an accounting of Canada Dawgs’ profits, in addition to pre and post-judgment interest.
Crocs Inc. has a stern warning on the company website that states: “DO NOT COPY our products. We aggressively prosecute counterfeiting, intellectual property infringement, and customs seizure actions worldwide.”
Following the decision against USA Dawgs and Double Diamond Distribution, Crocs Inc.’s Chief Legal & Risk Officer, Daniel Hart, reportedly stated: “[t]he judgment not only reinforces the validity of our patent rights, it also reinforces our unrelenting determination to take forceful steps to protect our brand equity.”
Authors: Kasia Donovan and PJ Conlon, 2023/2024 Articling Student-At-Law
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