Crocs successfully asserts industrial design, awarded infringer's profits

Crocs Canada Inc v Double Diamond Distribution Ltd, 2022 FC 1443

Crocs has successfully asserted an industrial design that covers its MAMMOTH line of clogs, establishing infringement by Double Diamond's knock-off Fleece Dawgs products.

On October 21, 2022, the Federal Court of Canada issued its 56-page decision. The Court found that Crocs successfully established infringement of its design. The Court also confirmed the validity of Crocs' design, dismissing Double Diamond's counterclaim for invalidity. The Court awarded Crocs an accounting of Double Diamond's profits, along with pre- and post- judgment interest, as well as costs of the action.

This decision illustrates the value of industrial design rights as an important asset in protecting novel products. It also provides welcome guidance and analysis to Courts and practitioners on the issues of validity and infringement of an industrial design, which has seen relatively little jurisprudence in recent years.

Crocs was represented by Gowling WLG's Alex Gloor, Erin Creber, and Jenny Thistle.