ITC Seeks Public Interest Statements on Possible General Exclusion Order on Knock-Off Crocs
The International Trade Commission issued another request for public interest statements regarding a possible general exclusion order banning all imports of knock-off footwear infringing on trademarks held by Crocs (ITC Inv. No. 337-TA-1270), according to a notice released Jan. 18. The request follows a Jan. 9 final determination by Administrative Law Judge Bryan Moore, which found no violation but recommended a general exclusion order should the commission disagree.
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In its original July 2021 complaint, Crocs said the infringing footwear copied its three-dimensional configuration of its shoes' outside upper, its heels' textured strip, the decorative band along the length of the heel strap, as well as the word mark “CROCS” (see 2107080035).
The ITC seeks comments that address how the articles are used in the U.S., identify public health or safety concerns with the potential order, identify like or directly competitive articles which could replace the subject articles if they were to be excluded, indicate whether other suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders, and explain how the recommended orders would impact U.S. consumers. Comments are due to the ITC by 5 p.m. EST on Feb. 10.