Crocs Attacks False Advertising Suit in Supreme Court Petition

Crocs Inc. urged the US Supreme Court to stomp out a false advertising suit based on the company’s promotional statements about its “patented” foam material.

In a petition docketed Tuesday with the high court, Crocs said an appeals court erred in extending the Lanham Act’s prohibition on misrepresenting the nature, characteristics or qualities of a good “to misrepresentations about the product’s intangible properties, like its patent status.” The company said the appellate courts that have weighed in on the issue are divided, creating a circuit-split with the Second, Sixth, and Ninth Circuits deeming statements about intangible attributes of products not ...