Have Crocs Taken A Step Too Far?

Crocs Inc. has asked the US Supreme Court to clarify whether the Lanham Act could apply to false claims of patent rights following claims made on their website that the Croslite foam, used in their shoes, was "patented" when it was not.

The Lanham Act prohibits people who "in commercial advertising or promotion, misrepresent the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities". Crocs argues that this act does not apply to intangible properties such as the status of a patent.

This legal question has divided the US courts. Some circuits have said that the misrepresentation is only actionable under the Lanham Act if "the characteristics of the good itself" are misrepresented.