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Crocs sues Five Below for alleged patent, trademark infringement. by: Adam Rosen Posted: Oct 15, 2026 / 09:56 PM EDT Updated: Oct 15, 2026 / 09:56 PM EDT DENVER (KDVR) - It's almost a story of resilience - how Crocs went from just about dead to back in high demand; however, the rise of knockoffs has led the company to file suit over trademark and patent infringement. The Colorado-based company recently filed a lawsuit in the U.S. District Court for the District of Colorado against Five Below, alleging trademark infringement and dilution, among other claims. Five Below's clog is accused of featuring an identical sole design that is patented by Crocs, as well as the holes on a horizontal portion of the upper, citing the overall appearance. The complaint accused Five Below of marketing imitation charms made by Jibbitz, a subsidiary of Crocs. In the complaint, Crocs accused Five Below of attempts "to create and sell knockoff versions" to try and "trade on the immense popularity" of its brand, citing the retail chain's "Juniors Charm Clog." "Five Below has wrongly sought to capitalize on the success of Jibbitz's innovations by directly and indirectly infringing the Jibbitz Patent," the complaint stated. According to the complaint, Crocs sent a letter to Five Below outlining the infringements on March 4, which was acknowledged five days later and then again on March 27; however, Crocs said Five Below continued to sell the aforementioned items on April 17 at Park Meadows Mall in Lone Tree. A second letter was sent on May 20, and no response had been provided, while as recently as June 16, Five Below was alleged to still be selling the products at retail stores in Colorado. Crocs' complaint asked for relief against Five Below via a jury trial on all issues that can be brought forth.

Several national brands in negotiations to open stores in Hermiston. Published 6:00 pm Wednesday, September 30, 2026 Chipotle is one of several national brands that have opened stores in Hermiston in recent years. A consulting firm working with the city of Hermiston said there are as many as three more national brands that are looking to expand into the Hermiston market. (Michael Kane/Hermiston Herald) | Getting your Trinity Audio player ready... | HERMISTON - A national consultant firm told the Hermiston City Council on Monday, Sept. 28, that several retail businesses are in negotiations to open stores in the town. Those businesses include a national grocery store, a variety discount store and a national coffee brand. A soft goods retailer also has eyes on Hermiston. Soft goods include items such as clothing, shoes, bed sheets and accessories such as handbags and belts. Brooke Hill and John Mark Boozer of Retail Strategies gave the council an update Monday of what could be in store for the retail market in Hermiston. Hill said she couldn't reveal the names of the three businesses because negotiations are still ongoing. Several successful recruits in recent years. Retail Strategies has been working with the city of Hermiston since 2017 and has already helped recruit several retail stores to the community including Chipotle, Marshalls, Panda Express, Famous Footwear, Planet Fitness, Sherwin-Williams and Grocery Outlet. "We really try to step in on behalf of the city and help bring in national retail and give the city a seat at the table," Hill said. Hill said the process involves taking a close look at the current market, identifying available land to build on and second-generation buildings, those that were once home to a business but are now empty, such as Rite Aid along Highway 395 in Hermiston. That information is then passed on to potential retailers. Hill said the process of getting a retailer to open a store in a particular city can take as long as six years or as short as six months if a vacant building is available and fits a retailer's needs. Where is the money going? One of the tools used to attract retailers is the use of gap analysis which shows if a market is experiencing leakage, a term used to describe when people must travel out of town and spend their money outside the local market. Hill said markets with leakage have an advantage over those that do not. "Retailers look at leakage and see it as an opportunity to come to a city and keep residents in town to spend their money," she said. Another tool is to create a profile of local consumer spending habits and determine what types of businesses would succeed in a given market. National brands that are expanding. Hill spoke of several national brands that are currently opening new stores across the country such as Raising Cane's, which serves chicken finger meals; Five Below, which is opening a store in Pendleton; Ollie's Bargain Outlet; 7 Brew Drive-Thu Coffee; and ALDI, a grocery store. "These are retailers who are opening multiple locations yearly and are looking to grow and expand," Hill said. She said Retail Strategies has reached out to more than 50 retail prospects, ranging from grocery stores, pet stores, entertainment-based businesses, sit-down restaurants, hotels and car service retailers. "We are just focused on national retail and trying to increase that footprint in town," Hill said. Nordstrom, anyone? Councilor Jackie Myers said she has been wanting to see Nordstrom open a store in Hermiston. Boozer said Retail Strategies has been in contact with Nordstrom Rack, a discount division of Nordstrom. "Nordstrom Rack is doing very well," Boozer said. "They're in expansion mode. We've had several conversations with them and will continue to keep doing so." Empty Rite Aid building may get an occupant. Councilor Roy Barron asked if there were any conversations going on regarding the empty Rite Aid store. Boozer said there was good news regarding the property. "We were informed that there could potentially be a deal in the works," he said. "I'm not quite able to share too much about that deal right now." Mayor Doug Primmer said the work being done by Retail Strategies on behalf of the city shows how important attracting new retail is to the city of Hermiston. "We take this seriously enough that we have a company who's job it is to find new retailers and that's what we pay them to do," Primmer said. "We appreciate you working with us." "There's definitely some exciting momentum," Hill said. Barron said certain types of businesses can get a community excited. He said he would be excited if Raising Cane's opened in Hermiston. "There would be a lot of people coming from multiple towns just for a Raising Cane's," he said. "And I would be there first."

Crocs is taking Five Below to court over 'copycat' clogs. Shoe manufacturer seeks jury trial and unspecified damages, including alleged lost income. September 29, 2026. 9:54 AM NIWOT, Colo. - Crocs is suing Five Below, alleging the discount retailer sold knockoff versions of Crocs' famous foam clogs. The allegations were detailed in a lawsuit filed earlier this month by Crocs and its subsidiary, Colorado-based Jibbitz Charms, in U.S. District Court in Denver. Crocs' lawsuit charges Philadelphia-based Five Below with selling Crocs look-alikes and accessories even after being notified last winter of their trademark, patent, and intellectual property infringement. The lawsuit 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. The legal complaint asserts that 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. Crocs said that Five Below's Juniors Charm Clog products copy "distinctive" aspects of the brand's Classic Clog, including the "instantly recognizable pattern of holes," "trapezoidal openings" and a "textured" and "decorative" band. Crocs and Jibbitz are asking for a jury trial and unspecified damages, including alleged lost profits. They also seek a permanent injunction preventing Five Below from selling products that infringe their intellectual property. Legal scholars note that fashion patent cases are difficult to win, even if it is obvious that the design was meant to copy attributes of another company's product. Crocs will have to prove that its design is sufficiently unique to validate its patents, that Five Below copied that patent, and customers were duped into buying Five Below's product when they meant to buy an authentic pair of Crocs.