Crocs and its subsidiary Jibbitz have sued discount retailer Five Below, accusing the company of selling shoes and related products that infringe and dilute Crocs’ trademark and trade dress rights and infringe patents owned by Crocs and Jibbitz.
The lawsuit was filed on September 18, 2026, in the U.S. District Court for the District of Colorado. The case is Crocs, Inc. and Jibbitz, Inc. v. Five Below, Inc., Civil Action No. 26-4606. The federal docket lists the case as No. 1:26-cv-04606.
According to the complaint, the dispute arises from Five Below’s sale and promotion of shoes and related products through its website and retail stores across the United States, including Colorado. Crocs alleges that the products infringe and dilute the distinctive trade dress of its Classic Clog, infringe a design patent owned by Crocs, and infringe patents owned by Jibbitz.
At the center of the dispute is Five Below’s Juniors Charm Clog, which Crocs alleges copies distinctive elements of its Classic Clog. The alleged similarities include the arrangement of ventilation holes, trapezoid-shaped openings and a textured band. Crocs claims the similarities could cause consumers to mistakenly associate Five Below’s products with Crocs.
The lawsuit also challenges decorative accessories sold by Five Below. Jibbitz asserts three utility patents covering systems and methods for securing decorative accessories to footwear and other wearable products. The asserted patents are U.S. Patent Nos. 7,698,836; 8,122,519; and 8,782,814.
Crocs also asserts U.S. Design Patent No. D1,100,450, which covers an ornamental footwear design associated with its Saru Clog. Crocs alleges that Five Below’s Juniors Charm Clog infringes that design patent.
The complaint further alleges that Five Below was notified of Crocs’ intellectual property concerns in March 2026 but continued selling the disputed products. According to reports based on the complaint, Crocs sent Five Below a demand letter on March 4, and Five Below acknowledged receiving it.
Five Below has listed its Juniors Charm Clog for about $7, considerably below the price of Crocs’ own clogs. Crocs alleges that Five Below is attempting to benefit from the investment Crocs has made in developing and promoting its brand.
The complaint brings claims for trademark and trade dress infringement, trademark and trade dress dilution, design patent infringement, utility patent infringement, and unfair competition. Crocs and Jibbitz have requested a jury trial and are seeking monetary and injunctive relief, including an order preventing Five Below from continuing to sell products found to infringe their intellectual property rights.
The allegations have not been determined by the court.
Case Information
| Case Information | Details |
|---|---|
| Court | U.S. District Court for the District of Colorado |
| Case | Crocs, Inc. and Jibbitz, Inc. v. Five Below, Inc. |
| Case No. | 1:26-cv-04606 |
| Civil Action No. on Complaint | 26-4606 |
| Filed | September 18, 2026 |
| Plaintiffs | Crocs, Inc. and Jibbitz, Inc. |
| Defendant | Five Below, Inc. |
| Claims | Trademark and trade dress infringement; trademark and trade dress dilution; design patent infringement; utility patent infringement; unfair competition |
| Asserted Design Patent | U.S. Design Patent No. D1,100,450 |
| Asserted Jibbitz Patents | U.S. Patent Nos. 7,698,836; 8,122,519; and 8,782,814 |
| Jury Demand | Plaintiffs |
Source: Complaint, Crocs, Inc. and Jibbitz, Inc. v. Five Below, Inc., Civil Action No. 26-4606, U.S. District Court for the District of Colorado, filed September 18, 2026.
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