On July 6, 2021, the ITC issued a Notice of Investigation in Certain Casual Footwear and Packages Thereof (Inv. No. 337-TA-1270).
By way of background, this investigation is based on a June 8, 2021 complaint filed by Crocs, Inc. of Broomfield, Colorado ("Crocs") alleging a violation of section 337 by 23 respondents—including Hobby Lobby Stores, Inc. and Skechers USA, Inc.—in the unlawful importation and/or sale in the U.S. of certain casual footwear and packaging thereof by reason of infringement of one or more of U.S. Trademark Registration Nos. 3,836,415; 5,149,328; and 5,273,875.
According to the complaint, the respondents have engaged in unfair methods of competition, false designations of source, and/or likely dilution of one or more of the asserted trademarks that Crocs uses in connection with its iconic Classic Clog shoe design, including the Crocs "3D Marks" consisting of round holes placed across the outside of the upper portion of the shoe. Crocs is requesting that the Commission issue a general exclusion order, or alternatively a limited exclusion order and permanent cease-and-desist order directed to respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that he will preside in the investigation.
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