Crocs sues Five Below for alleged patent, trademark infringement

Adam Rosen Fri, October 16, 2026 at 12:36 AM UTC

0

DENVER (KDVR) — It's almost a story of resilience — how Crocs went from just about dead to back in high demand; however, the rise of knockoffs has led the company to file suit over trademark and patent infringement.

Denver man sues police sergeant for allegedly tackling him at ‘No Kings’ protest

The Broomfield-based company recently filed a lawsuit in the U.S. District Court for the District of Colorado against Five Below, alleging the following:

Trademark and trade dress infringement

Trademark and trade dress dilution

Design patent infringement

Utility patent infringement

Unfair competition

In a complaint, Crocs, Inc. and Jibbitz, Inc. brought the complaint against Five Below due to sales and promotion of shoes and related products that "infringe and dilute the distinctive trade dress of Crocs Classic Clog shoes; infringe a design patent owned by Crocs; and infringe patents owned by Jibbitz covering systems and methods for securing decorative charms and other accessories to shoes, other articles of clothing, and other wearable items."

Crocs, while listed as a Delaware corporation, is principally based in Broomfield, as is its subsidiary Jibbitz.

In the complaint, Crocs accused Five Below of being one company that has "attempted to create and sell knockoff versions" to try and "trade on the immense popularity" of its brand, citing the retail chain's "Juniors Charm Clog."

Advertisement

Five Below's clog is accused of featuring an identical sole design that is patented by Crocs, as well as the holes on a horizontal portion of the upper, citing the overall appearance. The complaint accused Five Below of marketing imitation charms of Jibbitz.

"Five Below has wrongly sought to capitalize on the success of Jibbitz’s innovations by directly and indirectly infringing the Jibbitz Patent," the complaint stated.

According to the complaint, Crocs sent a letter to Five Below outlining the infringements on Mar. 4, 2026, which was acknowledged five days later and then again on Mar. 27; however, Crocs said Five Below continued to sell the accused items on April 17 at Park Meadows Mall in Lone Tree.

CHSAA threatens Lutheran High School with suspension over racism concerns

A second letter was sent on May 20, 2026, and no response had been provided, while as recently as June 16, Five Below was allegedly still selling the products at retail stores in Colorado.

Crocs' complaint asked for relief against Five Below via a jury trial on all issues that can be brought forth.

Copyright 2026 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.For the latest news, weather, sports, and streaming video, head to FOX31 Denver.

Original Article on Source

Source: “AOL Money”