In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young examine the Crocs, Inc. v. ITC case, exploring how Crocs pivoted from expired patent protection to trademark and trade dress claims to protect its iconic clog against lookalikes. The conversation covers the ITC's finding of no trademark infringement, the Federal Circuit's dismissal of Crocs' appeal as untimely, and the challenges of proving registered design elements function as source identifiers. The hosts highlight key lessons for brand owners on aligning evidence with trademark scope and the risks of extending design protection through trade dress.
