Justices Reject Case Over Crocs’ False Use of Word ‘Patented’

The US Supreme Court declined to take up Crocs Inc.‘s appeal of a decision reviving a lawsuit over its promotional statements touting a “patented” foam shoe material.

The US Court of Appeals for the Federal Circuit in October ordered Crocs to face USA Dawgs Inc.'s claims it fooled consumers and gained market share in violation of a false-advertising statute by describing Croslite foam as “patented,” “proprietary,” and “exclusive,” when the material wasn’t covered by a patent and was used by others in the industry.

In its petition, Crocs said the Federal Circuit erred in extending the Lanham Act’s prohibition ...