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.
'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
