Philip Nulud Quoted in WWD’s Footwear News

After Supreme Court Denies Crocs’ Appeals Request, ‘Patent’ Claim Resurfaces Once Again

By: Vicki M. Young

According to Philip Nulud, a shareholder in Buchalter’s intellectual property law group who has an expertise in the fashion sector, the decision “means that there is more litigation in the future for Crocs should they not seek to settle the matter. [Dawgs] would most likely now try to seek damages from Crocs.” That’s because the federal appeals court has already ruled that Crocs’ marking of their material as patented may be viewed as a false marketing claim, the attorney said.

He expects that Dawgs would try to seek “all of Crocs’ profits, whereas Crocs would try to argue that the profits from their claims that the material was ‘patented’ was negligible and that consumers bought Crocs not for the patented claims, but for their appearance, brand name, and ‘style.'”

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