Toys “R” Us sued for patent infringement by maker of Crocs shoes

Recently, Toys “R” Us was sued for patent infringement by the company that makes Crocs brand footwear.[1] The dispute revolves around the sale of “foam clog footwear” entitled “Koala Kids” by Toys “R” Us.[2] The Plaintiff claims that the sale of such footwear by Toys “R” Us infringes upon its patent rights in U.S. Patent Registration Nos. 6,993,858 (for “Breathable Footwear Pieces”) and D610,784 (for “Footwear”).[3] Specifically, the Plaintiff alleges that Toys “R” Us’ “Koala Kids” footwear are too similar to Plaintiff’s Crocband shoes.[4] The Complaint alleges two counts of federal patent infringement.[5] Further, the Plaintiff alleges that Toys “R” Us’ alleged infringement was willful because Toys “R” Us allegedly knew of Plaintiff’s claims as early as October, 2012.[6] The Complaint seeks an injunction and monetary relief, including exemplary damages and recovery of Plaintiff’s attorneys’ fees and costs.[7]

We will be monitoring the statues of this case. Please contact our office if you have any questions regarding the information in this article.

Daniel Devine, Esq.
Santucci Priore, P.L.

[1] See, Crocs, Inc. v. Toys “R” Us, Inc., Case No. 16-cv-1846, at Docket Entry No. 1 (D. Col. July 19, 2016).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.

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