Crocs is suing Five Below over a $7 pair of clogs, alleging the discount retailer copied elements of its footwear and infringed patents covering the charms used to decorate the shoes.
Crocs and its subsidiary, Jibbitz, filed the lawsuit Sept. 18 in U.S. District Court for the District of Colorado, where Crocs is based. The companies accuse Five Below of infringing trademarks and patents through its Juniors Charm Clog and related accessories, according to court documents.
At the center of the case are Five Below's clogs, which Crocs says copy distinctive elements of its Classic Clog. The company alleges the shoes feature similarities including the arrangement of holes, trapezoid-shaped openings and a textured band. Crocs says those similarities could
lead consumers to believe the Five Below shoes are affiliated with Crocs.
The lawsuit also takes aim at the charms sold with Five Below's clogs. Jibbitz says the retailer's charms infringe three patents covering systems for attaching decorative charms to footwear and other wearable products. Crocs also says Five Below's Novelty Shoe Purse copies elements of the Classic Clog and a Crocs bag charm.
Crocs warned Five Below about the products
Crocs says it sent Five Below a demand letter March 4 detailing its intellectual property concerns. According to the lawsuit, Five Below acknowledged receiving the letter but continued selling the disputed products.
The legal complaint says Five Below was attempting to benefit from Crocs' investment in its brand by selling similar-looking footwear at a lower price.
Five Below lists its Juniors Charm Clog for $7, according to its website, which currently shows all the variations out of stock online. Crocs' Kids Classic Clog sells for $39.99, according to its website, while the company's adult clogs generally cost between $50 and $65.
What Crocs wants from Five Below
Crocs and Jibbitz are asking for a jury trial and unspecified damages, including alleged lost profits. They also want a permanent injunction preventing Five Below from selling products that infringe their intellectual property.
The companies are seeking attorneys' fees and the destruction of inventory they say infringes their rights, according to the lawsuit.
USA TODAY reached out to attorneys representing Crocs and Five Below for additional comment.
Five Below continues to expand
The lawsuit comes as Five Below continues to expand its retail footprint. The Philadelphia-based chain, which operates more than 2,000 stores in 46 states, is known for selling a range of products at $5 or less, but some items are priced beyond $5 dollars.
The company had opened 101 new stores as of August, while net sales increased more than 27% from the same period a year earlier, according to its latest earnings report.
Crocs, meanwhile, says it sells about 150 million pairs of shoes annually, according to Investopedia, and generates more than $4 billion in annual sales, according to a February 2025 press release.
Reporter Anthony Thompson can be reached at ajthompson@usatodayco.com, or on X @athompsonUSAT
This article originally appeared on USA TODAY: Crocs says Five Below copied its famous clog design
