Key Takeaways
- Crocs and its Jibbitz subsidiary sued Five Below, alleging its $7 Juniors Charm Clog copies the Classic Clog’s distinctive holes, openings, heel strap, and decorative charms.
- Crocs says Five Below kept selling the disputed products after receiving a March 4 demand letter, undercutting Classic Clogs that typically cost $39.99 to $65.
- The companies seek damages, attorneys’ fees, a permanent sales ban, and destruction of remaining inventory as Crocs continues its long-running campaign against alleged copycats.
Crocs is suing discount retailer Five Below over a $7 pair of clogs it says closely resembles its instantly recognizable Classic Clog. The footwear giant and its Jibbitz subsidiary filed a lawsuit against the discount retailer on Sept. 18, accusing it of copying protected design elements and selling knockoff-style charms.
According to USA Today, the lawsuit centers on Five Below’s Juniors Charm Clog, which Crocs says mimics the look that turned its foam shoe into a global fashion and culture fixture. According to the complaint, the Five Below version uses a similar hole arrangement, trapezoid-shaped openings, and textured heel strap—features Crocs says are distinctive enough to make shoppers think the two brands are connected.
Crocs is also not just fighting over the shoe itself. Jibbitz alleges that charms sold alongside Five Below’s clogs infringe three patents covering the attachment systems used to decorate footwear and other wearable products. The complaint also targets Five Below’s Novelty Shoe Purse, which Crocs says lifts design cues from its signature clog and a Crocs bag charm.
The company says it tried to handle the issue before heading to court. Crocs allegedly sent Five Below a demand letter on March 4 spelling out its intellectual-property concerns. Five Below acknowledged receiving the letter, according to the lawsuit, but Crocs says the retailer kept the disputed products on sale anyway.
That price point is central to the fight. Five Below listed its Juniors Charm Clog for $7 before the styles appeared as sold out online. By comparison, Crocs lists its Kids Classic Clog at $39.99, while most adult Classic Clogs sell between $50 and $65.
The gap gives the case an especially sharp retail angle: Crocs says Five Below is trying to benefit from the brand power behind its design while selling a much cheaper alternative.
Crocs has spent years defending the look of its famously divisive yet enduring clog. The brand has previously taken legal action against retailers and companies, including Walmart and Hobby Lobby, over alleged copycat footwear.
In this case, Crocs and Jibbitz want a jury trial, unspecified damages, including alleged “lost profits,” and attorneys’ fees. They are also seeking a permanent injunction to stop Five Below from selling any products found to infringe their rights, along with the destruction of remaining inventory.
The showdown comes as Five Below continues its rapid national expansion, operating more than 2,000 stores in 46 states.
