Crocs Fails to Revive Bid for Import Ban at Federal Circuit (1)

Crocs Inc. was too late to challenge the International Trade Commission’s refusal to ban a trio of allegedly trade dress-infringing imports, the Federal Circuit said.

The clock for Crocs to appeal started when the ruling on the parties at issue—not all parties in the case—was final, the US Court of Appeals for the Federal Circuit said. The ITC had held confusion regarding three products is unlikely because of factors including clear branding on the imports and Crocs’ failure to establish its marks are independently famous.

The precedential opinion by Judge Kara F. Stoll clarified a core question on the appropriate ...