Judicial decisions in matters of industrial design infringement
are not common. The recent Federal Court decision in Crocs
Canada Inc v Double Diamond Distribution Ltd, 2022 FC
1443, is worth noting.
A Protection Tool
In this case, Crocs,
manufacturer of the famous molded shoe, was asserting its rights in
a registered industrial design for its MAMMOTH shoes with fleece
lining, against Double Diamond, which marketed shoes of the same
style, also comprising a fleece lining.
The Court, relying in
part on expert testimony, concluded, on one hand that Crocs'
industrial design was original and not dictated solely by
utilitarian functions and therefore valid, on the other hand, that
Double Diamond was infringing Crocs' rights by marketing its
similar products. The Court ordered Double Diamond to pay Crocs all
the profits made on shoes sold in violation of Crocs' rights
during the relevant period.
