In 2010 the plastic clog shoe brand sky rocketed in sales after being photographed on Michelle Obama and Prince George. Since then, other retailers have got in on the action by producing similar designs. In 2016, Crocs submitted a patent claim to the EU Intellectual Property Office and have recently lost their case in court.
A French retailer argued against the retail giant obtaining legal protection to the ECJ as anyone “could have accessed the design”. EU rules state that an application for a patent can be claimed if the design has not been released to the public for more than 12 months.
In 2002, Crocs made their first public appearance at a Florida boat show and then two years later applied for a patent claim. By then it was too late and a spokesperson from Gowling WLG law firm uses Crocs case as a reminder to designers to apply for early protection before releasing their designs.
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Image: Colorful Crocs
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