Wholesaler Makro sold a variant of the wellknown CROCS, the model 'Clogs'. Crocs started litigation before the District Court of The Hague, that decided on 18 that Makro can continue selling 'Clogs'. See the CROCS model Cayman (top) and the Clogs (bottom). The CROCS model Cayman has copyright protection, but the Clogs remain at sufficient distance. E.g. the Clogs lack the typical holes at the front, that make the CROCS look like a cayman. And the Clogs have side holes of a different size, while those of the CROCS are all equal. Therefore, the Court holds that the overall impression of the models - which is decisive - is different.
Some years ago, the Candadian company Holey Soles also hurt Crocs in a painful way. It started cancellation proceedings regarding the CROCS Registered Community Design before the European registration bureau OHIM. The design had been sold via Crocs .com site in the USA, which site was open to the European public as well. The OHIM held that the design, for that reason, lacked the required novelty, and declared it invalid. Crocs has lodged an appeal before the Court of First Instance of the ECJ.
Crocs is one of those companies that always sharply bites whenever a look-alike enters the market. Its detailed campaign enabled Crocs to make increase its profits regarding the Cayman model – for years Crocs could sell this nearly unhindered. By now, that time seems to have passed. And bear in mind the alarming message from Crocs accountand, warning that Crocs may not even be able to get back on its feet after a giant loss in 2008. Some additional capital may be needed. Will Obama soon walk on state owned Crocs?
Maarten Haak
|
office Emerald House Jozef Israëlskade 48-G Amsterdam, the Netherlands t +31 (0)20 - 305 3066 www.hoogenhaak.nl |
post PO Box 76780 1070 KB Amsterdam e info@hoogenhaak.nl f +31 (0)20 - 305 3069 chamber of commerce 34314579 |
Wholesaler Makro sold a variant of the wellknown CROCS, the model 'Clogs'. Crocs started litigation before the District Court of The Hague, that decided on 18 that Makro can continue selling 'Clogs'. See the CROCS model Cayman (top) and the Clogs (bottom). The CROCS model Cayman has copyright protection, but the Clogs remain at sufficient distance. E.g. the Clogs lack the typical holes at the front, that make the CROCS look like a cayman. And the Clogs have side holes of a different size, while those of the CROCS are all equal. Therefore, the Court holds that the overall impression of the models - which is decisive - is different.
Some years ago, the Candadian company Holey Soles also hurt Crocs in a painful way. It started cancellation proceedings regarding the CROCS Registered Community Design before the European registration bureau OHIM. The design had been sold via Crocs .com site in the USA, which site was open to the European public as well. The OHIM held that the design, for that reason, lacked the required novelty, and declared it invalid. Crocs has lodged an appeal before the Court of First Instance of the ECJ.
Crocs is one of those companies that always sharply bites whenever a look-alike enters the market. Its detailed campaign enabled Crocs to make increase its profits regarding the Cayman model – for years Crocs could sell this nearly unhindered. By now, that time seems to have passed. And bear in mind the alarming message from Crocs accountand, warning that Crocs may not even be able to get back on its feet after a giant loss in 2008. Some additional capital may be needed. Will Obama soon walk on state owned Crocs?
Maarten Haak