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 realise that you need to file patents and designs BEFORE you display them to the public.
The ruling was not the first. Earlier, in 2008 and 2018, European courts had already declared the design invalid. However, Crocs managed to retain it through settlements. This time, the outcome might be different, and Crocs is now considering appealing.
The takeaway
For designers, securing design protection early is crucial. Waiting too long can result in the loss of that protection, as shown by Crocs' battle. As the saying goes, you snooze, you lose.
If your design has already been made public, it could be too late to register it. In Crocs' case, it would appear that the design was already visible at a 2002 boat show and on their website, which meant it was public domain before they filed for protection.
Key points to remember
- Designs must be new to be protected.
- Public disclosure before filing can lead to revocation of protection.
- Act early—design protection isn't a safety net if you delay.
Crocs now faces a more challenging road ahead without the protection it once had. Stay tuned for how this unfolds!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
