Did Crocs' False Patent Claim Indirectly Cause Consumers to be Misled?

Crocs Inc.’s alleged misleading patent statement is resurfacing again.

Competing clog makers Crocs and USA Dawgs Inc. have been battling each other for nearly two decades. In 2006, Crocs sued Dawgs, Double Diamond Distribution and Mojave Holdings (Dawgs) alleging patent infringement. The initial claims between the two parties have since been resolved.

Still outstanding is Dawgs’ counterclaim alleging false advertising claims against Crocs over assertions it made that its molded Croslite resin was made with “patented,” “proprietary,” or “exclusive” materials . Dawgs claimed that the misrepresentation allowed customers to think that the Croslite resin was different from what was used by other shoe manufacturers.

After making its way through the federal court system on appeal, Crocs