The foam shoe company has requested a jury trial and unspecified damages, and the brand is also seeking attorneys’ fees, the destruction of inventory and a permanent injunction put in place

NEED TO KNOW

• Crocs is suing Five Below, claiming that the discount retailer copied the brand’s footwear and infringed patents that cover items used to decorate the shoes
• The foam footwear company and Jibbitz, a wholly owned subsidiary of Crocs, listed specific products they believe Five Below mimicked
• Crocs and Jibbitz have requested a jury trial and unspecified damages, and the brand is also seeking attorneys’ fees, the destruction of inventory and a permanent injunction put in place

Crocs is taking legal action against Five Below.

The footwear company behind the Crocs brand of foam footwear is suing the discount retailer, claiming that Five Below copied Crocs footwear and items used to decorate the shoes.

According to the lawsuit — filed on Sept. 18 in U.S. District Court for the District of Colorado, where Crocs is based, and obtained by PEOPLE — Crocs and its subsidiary, Jibbitz, accuse Five Below of infringing trademarks and patents.

Beth Cooperstein, VP Global Intellectual Property for Crocs, Inc., tells PEOPLE in a statement, “Crocs does not hesitate to take action against companies that seek to profit from the strength of our brand through unauthorized copying. We aggressively enforce our intellectual property rights and will continue pursuing those who attempt to trade on Crocs’ goodwill, capitalize on our innovation, or create confusion for consumers.”

A representative for Five Below did not immediately respond to PEOPLE’s request for comment on Saturday, Sept. 26.

Crocs claims that Five Below’s Juniors Charm Clog products copy “distinctive” aspects of the brand’s Classic Clog, including the “instantly-recognizable pattern of holes,” “trapezoidal openings” and a “textured” and “decorative” band.

The shoe company said it believes the similarities “are likely to cause confusion among consumers, who are likely to mistakenly believe that Crocs is the source of Five Below’s knockoff products or that the Five Below products are associated with, affiliated with or licensed by Crocs.”

Five Below lists its Juniors Charm Clog for $7, according to the company’s website, but it currently shows all the variations of the shoe out of stock online. Crocs’ Kids Classic Clog sells for $39.99, per the retailer’s online store. (Crocs’ adult clogs, meanwhile, generally cost between $50 and $65.)

The lawsuit from Crocs also targets small items sold with Five Below’s clogs, comparing them to Jibbitz, which are plastic or rubber charms designed to snap into the holes of Crocs shoes for an added decorative effect.

Jibbitz, a wholly-owned subsidiary of Crocs, claims that Five Below’s similar products infringe patents that cover the brand’s systems for decorative charms being added to footwear and other wearable products.

Crocs further claims that Five Below’s Novelty Shoe Purse mimics the brand’s Classic Clog and a Crocs bag charm.

Crocs said, per the lawsuit, that it sent Five Below a demand letter on March 4 that highlighted the brand’s intellectual property concerns. According to the lawsuit, Five Below acknowledged receiving the letter multiple times but continued selling the products.

The legal complaint from Crocs alleges that Five Below was “clearly attempting to trade off the significant investment Crocs has made in its brand and the trade dress of its Crocs Classic Clog shoes” by selling footwear that looks similar at a lower price.

Crocs and Jibbitz have requested a jury trial and unspecified damages, including alleged lost profits.

The company also wants a permanent injunction put in place to prevent Five Below from selling products that infringe the brand’s retail items, and they are seeking attorneys’ fees and the destruction of inventory they believe infringes their rights, according to the lawsuit.

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