RJLF Secures Federal Circuit Win for Dawgs Against Crocs: Ruling Exposes Crocs’ False Patent Claims
Reichman Jorgensen Lehman & Feldberg LLP (RJLF) achieved a significant victory today for Dawgs Footwear, produced by Double Diamond Distribution Ltd., at the U.S. Court of Appeals for the Federal Circuit. Crocs must now face allegations of violating federal false advertising laws by misleadingly claiming its shoes are made of "patented" materials, potentially incurring liability for hundreds of millions of dollars.
The Federal Circuit reversed the district court’s decision, remanding the case to Colorado’s federal court. The Court found that Crocs’ promotional claims over the past 20 years fall under the Lanham Act, which prohibits false advertising. Judge Reyna noted, “Crocs conceded in its briefing, and at oral argument before this court, that its statements that Croslite was covered by a patent are false.”
“This decision is not just a win for us, but for fair competition and for the millions of people who have been harmed by Crocs’ fabricated claims and intentional false advertising,” said Steve Mann, CEO of Double Diamond Distribution. “Crocs has successfully killed off many of its competitors with forever-war litigation, and it has been trying to bury our family-owned business for nearly 20 years. We are laser-focused on making this trial the beginning of the end of Crocs’ audacious lies.”
The Federal Circuit judges previewed their decision – and their surprise at Crocs’ deceptions – during oral argument on April 3, 2024. Judge Jimmie V. Reyna questioned Crocs’ counsel: “Your client concedes it does not have a patent. So that’s false?” Judge Alan D. Albright added, “[B]y putting ‘it’s patented’ on it, you’re telling the world this is novel. But you’re lying.”
“We are thrilled for our clients,” said Matthew Berkowitz, RJLF’s lead counsel for Dawgs Footwear. “They make fantastic products and have been hurt by Crocs’ unfair competition for a very long time—so have consumers. Even today, after more than 20 years, Crocs has false statements about its shoes available on its website. We look forward to taking this case to trial and vindicating our clients’ rights.”
The case is Crocs, Inc. v. Effervescent, Inc. et al., Appeal No. 2022-2160 (Fed. Cir.).
About Reichman Jorgensen Lehman & Feldberg LLP
Reichman Jorgensen Lehman & Feldberg LLP (RJLF) is an elite national trial firm that handles high-stakes commercial, intellectual property, and white collar disputes. The firm is majority women-owned, reinventing the practice of law without the billable hour in favor of fee arrangements that align client interests. RJLF’s attorneys are diverse, exceptionally credentialed, and passionate about trial advocacy. From offices in Silicon Valley, New York, Washington, D.C., Austin, and Atlanta, the firm tries cases and argues appeals throughout the country. Visit reichmanjorgensen.com to learn more.
Matthew Berkowitz, Partner
Lead Counsel for Dawgs