Crocs Sued Five Below Over Knockoff Clogs
Crocs has filed a lawsuit against Five Below, alleging the retailer infringed on its trademark and patent rights.
Updated on Sept. 24, 2026 in Retail

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Crocs filed a lawsuit against Five Below for intellectual property infringement regarding the retailer's Junior Charm Clog. The complaint alleges that the discount store copied the design of Crocs' plastic clogs and Jibbitz charms.
Why it matters
The legal action highlights the ongoing battle between brand-name manufacturers and retailers over the sale of cheaper products that closely mimic patented designs. This case tests the enforcement of trade dress and design patents in the competitive discount retail market.
The Junior Charm Clog retailed at Five Below for $7.00, significantly lower than the $44.99 price point of the Kid's Crocband Clog. The lawsuit specifically identifies alleged infringements on the plastic clog design and Jibbitz charms.
The players
Crocs
Crocs is a global footwear manufacturer best known for its signature molded foam clogs.
Five Below
Five Below is a national discount retailer that offers a wide range of products priced typically under five dollars.
The details
Crocs claims that the design of the Five Below product infringes upon its established trade dress and specific patents. The lawsuit, filed in the United States, targets the retailer for selling the allegedly unauthorized imitation of its popular footwear line.
Timeline
September 2026: Crocs filed the lawsuit against Five Below.
2025: Five Below faced a lawsuit from the maker of the Stanley tumbler.
Market Landscape
This lawsuit follows a pattern set by the surge of intellectual property litigation involving discount retailers selling alleged knockoffs. It signals a broader push by major brands to protect their market share from lower-cost competitors.
Shoppers may see changes in the availability of certain novelty items as retailers face increased legal pressure to remove potential knockoffs from their inventories. These legal shifts could lead to a narrower selection of low-cost alternatives for popular branded products.
The takeaway
Retailers continue to face heightened scrutiny regarding their product design sourcing and intellectual property compliance. Consumers should be aware that legal disputes over copycat designs can lead to the sudden removal of inexpensive items from store shelves.
Further reading
For more context on the industry, see our Retail section.
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