ARTICLE · 09 APRIL 2025

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Crocs' Design Protection Takes A Hit

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If you thought Crocs were only a fashion statement, think again. This legal saga highlights the importance of securing design protection early.

South AfricaIntellectual Property

Bernard Dippenaar

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If you thought Crocs were only a fashion statement, think again. This legal saga highlights the importance of securing design protection early.

Some background

Crocs, known for its iconic plastic clogs, was once riding high on its design registration in Europe. But the storm clouds started to gather in 2004 when it applied for design protection for its shoes. Fast forward to February 2025, and Crocs' European design registration was ruled invalid, dealing a major blow to the company's efforts to fend off imitators.

So, what happened?

Design protection is only granted to new designs, and in this case, it was found that the shoe design wasn't as new as Crocs claimed. The Spanish company GOR Factory presented evidence showing that a similar design had been on display a YEAR before Crocs applied for protection, and the European Court of Appeal agreed. You will note that we attempt to highlight the word "YEAR", as readers of our content must

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