Crocs, Inc. has settled another trade dress and patent infringement lawsuit outside of court, this time with Inter-Pacific Trading Corporation, Inc. The two companies have agreed to settle the lawsuit concerning Crocs proprietary footwear, pending in the United States District for the District of Colorado and alleging that Inter-Pacific infringed Crocs U.S. Patents (Nos. 6,993,858 B2 and D517,789), and its trade dress. In addition, the parties have settled an administrative action pending in the International Trade Commission alleging unfair acts concerning the importation of infringing footwear.
The lawsuit was resolved with the entry of a Consent Judgment finding infringement by certain of Inter-Pacific’s “Sunsurfer Shoes” and that the Crocs patents are valid. The administrative action was resolved with the filing of joint motion to terminate the ITC Action against Inter-Pacific based on the settlement agreement. As part of the settlement, Inter-Pacific has agreed to not infringe Crocs patents and trade dress in the future, and Crocs has released Inter-Pacific and its customers of any past liability.
