Crocs recognized as “famous product” under Anti-unfair Competition Law in China

Crocs recognized as “famous product” under Anti-unfair Competition Law in China

Crocs, Inc. announced that a landmark ruling in the Shanghai Intermediate People's Court has been selected by China's Supreme People's Court as one of the top 50 leading IP cases of 2015, and also selected as one of the top 10 leading IP cases of the Shanghai Courts. These two announcements recognize the groundbreaking nature of the judgment, which protects the classic design of Crocs footwear in China.

The Shanghai Court issued a judgment that recognizes Crocs’ iconic clog design, including the distinctive holes, are a "unique decoration of famous product" under art. 5.2 of Anti-Unfair Competition Law (AUCL). Crocs enjoys such a favorable judgment in its long-running dispute with Chinese manufacturer Jinjiang Jinsike Footwear and indeed the ruling finds that JSK violated Corcs IPRs in its use of shoe designs, logos, labeling and store decoration that too closely resemble that of Crocs' footwear and branding.

Potentially Crocs could leverage such favorable judgment against all the copier of its famous clog in China. The decision is welcomed in the Ip community as one of the few example of applications of Art. 5.2 AUCL.