All about the Crocs x Daiso lawsuit drama

Crocs is suing another shoe company for allegedly duplicating their designs.

The American brand recently commissioned popular Japanese dollar store Daiso to manufacture and sell counterfeit variations of its classic clog silhouette. He called the action an attempt “to free-ride and exchange on the significant goodwill developed by Crocs thanks to its innovative shoes”.

The lawsuit was filed in a California district court on Wednesday, June 15, 2022.

Crocs’ biggest problem with Daiso is their “Men’s Casual Sandals” and “Lined Casual Clog Products

Crocs (left) and Daiso (right) clash amid trademark infringement (Image via Twitter/@jentokki and @qwertybel)
Crocs (left) and Daiso (right) clash amid trademark infringement (Image via Twitter/@jentokki and @qwertybel)

Arnold & Porter Kay Scholer, an American multinational law firm based in Washington, DC, sued for infringement as a representative of Crocs.

Daiso Industries Co. and its US subsidiaries are accused of selling counterfeit clogs that infringe Crocs’ distinctive, copyrighted “3D” design.

Here’s what the American company had to say about Daiso’s alleged designs:

“…virtually identical in design to Crocs’ three-dimensional design marks.”

Crocs particularly has a problem with Daiso’s “Casual Sandals for Men” and “Lined Casual Clog.”

Depending on the brand, the products carry many trademarks and patented details belonging to Crocs. She claimed that the duplication of these brands has led to misunderstandings about the authenticity of their products.

The design of these Daiso clogs is disputed (Image via Twitter/@TAFLegal)
The design of these Daiso clogs is disputed (Image via Twitter/@TAFLegal)

These Daiso shoes are made in China and imported to the United States, with retail prices ranging from $3.00 to $3.50.

Crocs further alleged in the lawsuit:

“This system of infringement and dilution is intended to confuse, deceive and mislead consumers by establishing associations between Crocs and Daiso and their respective footwear products so that Daiso may enjoy unfair gains and profits at the expense of Crocs. “

Design infringement lawsuits filed by Crocs in previous years

This isn’t the first time Crocs has filed a patent infringement suit against a company.

In July 2021, the brand sued 21 companies for allegedly infringing on its copyrights. Some popular companies, namely Walmart Inc., Loeffler Randall Inc. and Hobby Lobby Stores Inc., were among the plaintiffs, along with a large number of smaller businesses. Small businesses sold these counterfeit shoes online or wholesale to Walmart.

Crocs said the shoes, which were originally designed and advertised as boat shoes, were deliberately and frequently duplicated by many companies. The lawsuits were filed in multiple US district courts.

In June 2021, the brand filed a complaint with the United States International Trade Commission (USITC) in June 2021, requesting an investigation into the illegal importation and sale of apparently counterfeit footwear. The USITC decided to continue the investigation.

What else do we know about Japanese retailer Daiso?

Daiso Industries Co., Ltd. is a private Japanese company that has a huge chain of over 100 stores across Japan.

Based in Higashihiroshima, Hiroshima Prefecture, the company offers an extensive product line of over 100,000 items.

More than 40% of these items are imported from South Korea and China, while some are produced in Japan.

Edited by Rachel Syiemlieh

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