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ARTICLE · 13 DECEMBER 2022

Crocs' Design Takes A Bite Out Of The Competition

Smart & Biggar
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In a rare Canadian judicial decision on industrial designs, Crocs scored a comprehensive victory against a competitor regarding sales of infringing shoes.

CanadaIntellectual Property
Matthew Graff
Matthew Graff
Ellen Kiernan
Ellen Kiernan
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In a rare Canadian judicial decision on industrial designs, Crocs scored a comprehensive victory against a competitor regarding sales of infringing shoes.

The dispute centered around similar clog-style, fleece-lined shoes sold by Crocs and its competitor, Double Diamond Distribution Ltd. In 2008, Crocs obtained Canadian industrial design registration no. 120,939 (the '939 Design) for a variation of its classic clog shoe with a fleece lining and collar. Double Diamond's "Fleece Dawgs" shoes have been available for sale in Canada since 2008.

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'939 Design (left) versus Fleece Dawgs shoe (right)

Crocs alleged that the Fleece Dawgs shoes were unlawful imitations that did not differ substantially from the '939 Design and that consumers would likely confuse the two products. Double Diamond denied these allegations and noted 25 points of differentiation between the '939 Design and its Fleece Dawgs shoes. Double Diamond also alleged that the '939 Design was invalid

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