EU Says Crocs Foam Shoe Design is a Crock

Crocs, Inc., the Colorado foam clog maker and ITC Claimant alleging infringement of US D517,789 against local shoe maker Australia Unlimited (In re Certain Foam Footwear, Inv. No. 337-TA-567), suffered a loss earlier this month at the hands of the EU's Office for Harmonization in the Internal Market (OHIM) in a decision rendering Crocs' Registered European Community Design invalid. Crocs' EU Design covers the famous foam clog, allegedly first sold by Crocs in the US in November 2002 under the BEACH trademark. Read the OHIM's decision here (PDF).

Crocs' BEACH clog is also claimed in the '789 design patent, which was litigated earlier this year before Judge Bullock at the ITC. An initial determination concerning the validity of Crocs' '789 design patent is expected sometime this spring (2008) from Judge Bullock in the ITC investigation.

It will be interesting to see what impact (if any) this decision will have on the ITC's analysis of obviousness issues concerning Crocs '789 design patent.