Crocs Must Defend Against ‘Patented’ False Advertising Claim (1)

The Federal Circuit revived a footwear company’s claim accusing Crocs Inc. of making misleading promotional statements about “patented” foam material, saying a Colorado federal judge was rash in deciding a federal false advertising law didn’t apply.

USA Dawgs Inc. argued Crocs misled consumers and gained market share in violation of the Lanham Act by touting its Croslite foam as “patented,” “proprietary,” and “exclusive,” when in fact the foam material wasn’t ever covered by a patent and was “used by many footwear companies around the world.”

The Colorado judge tossed the case, agreeing with Crocs’ argument that the claim was really ...