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Crocs to appeal rejection of design patent

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Crocs to appeal rejection of design patent

Crocs Inc. plans to appeal a decision by the U.S. Patent and Trade Office, or USPTO, after the regulatory body issued a final rejection of the company's design patent claim for its popular molded clog, a spokesperson from the shoemaker told Footwear News.

According to an Aug. 11 report by the news outlet, Crocs had previously sued its smaller peer USA Dawgs for trademark infringement, but the claim was finally dismissed this week by the USPTO after a five-year legal battle. Crocs' patent claim was reportedly deemed invalid because a similar design was released over a year before the company applied for the patent.

On Aug. 12, Footwear News reported that a Crocs spokesperson said in an email that the decision is "simply the next step" in the administrative process and that it allows Crocs to appeal to the Patent Trial and Appeal Board and eventually the Federal Circuit Court of Appeals.

The company added that it is confident the appeals process will result in a favorable outcome as it will deal with the same court that previously ruled in its favor when Crocs enforced the same patent during its International Trade Commission case.