Case 2:16-cv-01694 Document 1 Filed 07/18/16 Page 1 of 6

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BRIAN J. ELLIOTT
Nevada Bar No. 11115
4120 W. Windmill Lane, Suite 106
Las Vegas, Nevada 89139
(702) 260-1060
(702) 260-1606 Fax
E-mail: bje@brianelliottlaw.com

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Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

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U.S.A. DAWGS, INC., a Nevada corporation,

and Double Diamond Distribution, Ltd., a
Saskatchewan, Canada corporation,

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Plaintiffs,

Case No. 2:16-cv-1694

vs.
Crocs, Inc., a Delaware corporation

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Defendants.

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COMPLAINT FOR DECLARATORY JUDGMENT AND JURY DEMAND

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Plaintiffs U.S.A. Dawgs, Inc. (USA Dawgs) and Double Diamond Distribution, Ltd.
(Double Diamond) allege against Crocs, Inc. (Crocs) as follows:

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INTRODUCTION
1.

This is an action for declaratory judgment of non-infringement and invalidity of

United States Patent No. D632,465 (the 465 patent), entitled Footwear, pursuant to the
Declaratory Judgment Act, 28 U.S.C. 220102, and the patent laws of the United States, 35
U.S.C. 100 et seq., and for such other relief as the Court deems just and proper.
2.

A true and correct copy of the 465 patent is attached hereto as Exhibit 1.

Case 2:16-cv-01694 Document 1 Filed 07/18/16 Page 2 of 6

PARTIES

3.

Plaintiff USA Dawgs is a corporation organized and existing under the laws of

Nevada, with its principal place of business at 4120 W. Windmill Lane, Unit 106, Las Vegas,

Nevada 89139. USA Dawgs has had the same principal place of business since 2007.

4.

Plaintiff Double Diamond is a corporation organized under the laws of

Saskatchewan with its principal place of business at 3533 Idylwyld Drive North, Bay A,

Saskatoon, Saskatchewan S7L 6B5, Canada.

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5.

Upon information and belief, Crocs, Inc. is a Delaware corporation with its

principal place of business located at 6273 Monarch Park Place, Niwot, Colorado 80503. Upon

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information and belief, Crocs is registered to do business in Nevada with a registered agent of The

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Corporation Trust Company of Nevada, 701 S Carson Street, Suite 200, Carson City, Nevada

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89701.

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JURISDICTION AND VENUE

6.

This claim arises under the United States patent laws, 35 U.S.C. 1, et seq., and

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seeks relief for which this court has subject matter jurisdiction pursuant to 28 U.S.C. 1331,

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1338, 1367, and/or 22012202.

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7.

Venue is proper under 28 U.S.C. 1391 because, among other reasons, a substantial

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part of the events or omissions giving rise to the claim occurred in Nevada, and Crocs is subject to

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personal jurisdiction in this Court for the reasons set out below.

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8.

Crocs purports to be the owner of all right, title, and interest in and to the 465

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patent. Crocs has made statements alleging that USA Dawgs and Double Diamond infringe the

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465 patent. Neither USA Dawgs nor Double Diamond has infringed or does infringe any valid

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and enforceable claim of the 465 patent, either literally or under the doctrine of equivalents, nor is

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either USA Dawgs or Double Diamond aware of any infringement of the 465 patent. A

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substantial controversy exists between the parties which is of sufficient immediacy and reality to

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warrant declaratory relief.

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9.

This Court has personal jurisdiction over Crocs. Crocs has conducted business in

and directed to Nevada, including pertaining to the 465 patent, and has engaged in various acts in
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Case 2:16-cv-01694 Document 1 Filed 07/18/16 Page 3 of 6

and directed to Nevada, including visiting the offices of USA Dawgs and attendance at and

promotion of products at tradeshows in Las Vegas, Nevada. Crocs has also advertised and sold

products in and directed to Nevada.

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BACKGROUND OF PARTIES AND DISPUTE

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USA Dawgs and Double Diamond have been selling a variety of footwear in the

United States since at least 2007. Double Diamond and USA Dawgs develop and sell Dawgs

branded footwear. USA Dawgs develops and sells Doggers and Hounds branded footwear.

Since 2007, USA Dawgs has attended multiple trade shows each year in Las Vegas, Nevada. USA

Dawgs has been publicly selling fleece-lined clogs in the United States, including in Nevada, since

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at least 2008. In particular, USA Dawgs has openly advertised its fleece-lined clogs both on its

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public website and through retailers. On several occasions, including at the World Shoe Association

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convention, in Las Vegas, Nevada, USA Dawgs has displayed its fleece-lined clogs to trade show

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attendees in Las Vegas, Nevada and elsewhere.

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11.

Upon information and belief, since 2006, Crocs has attended several trade shows in

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Nevada each year relating to footwear and apparel. Upon information and belief, Crocs often

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utilizes these gatherings of the footwear and apparel industry, along with the associated news

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coverage that the trade shows generate, to announce its new product offerings.

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12.

For example, at the World Shoe Association convention in Las Vegas on July 30 and

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31, 2007, Crocs announced its Mammoth footwear. Upon information and belief, Crocs claims

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that its Mammoth footwear is covered by the 465 patent.

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13.

In 2006, Crocs filed a patent infringement lawsuit in the United States District Court

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for the District of Colorado against Double Diamond concerning the sale of Dawgs branded molded

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clog-type footwear. That suit was assigned Case No. 1:06-cv-00605 (the Colorado Case). In

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2012, Crocs filed an amended complaint in the Colorado Case and added USA Dawgs as a

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defendant.

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14.

In 2013, several officers and Crocs employees visited the offices of USA Dawgs in

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Las Vegas, Nevada for the purported purpose of exploring a potential business transaction unrelated

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to the District of Colorado lawsuit. Among the Crocs representatives at those discussions were
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Case 2:16-cv-01694 Document 1 Filed 07/18/16 Page 4 of 6

Crocs CEO, John McCarval, Crocs Chief Operating Officer, Scott Crutchfield, Crocs Chief

Product Officer Dale Bathum, Crocs Vice President of Customer Experience, Arezou Zarafshan,

and its legal counsel, Sara Hoverstock, who had and still has a role in enforcing Crocs intellectual

property. During the course of their visit to USA Dawgs offices in Las Vegas, Nevada, USA Dawgs

showed Crocs representatives, including Crocs CEO and Ms. Hoverstock, samples of USA Dawgs

fleece-lined clog footwear products, including Doggers and Hounds branded fleece-lined clogs.

15.

On June 10, 2016, Crocs initiated a lawsuit in the United States District Court for the

Sothern District of Florida by filing a complaint against CVS Health Corporation, formerly known

as CVS Caremark Corporation, and CVS Pharmacy, Inc. In its complaint Crocs alleges that the

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aforementioned CVS entities have infringed the 465 patent by selling Fleece-Lined Doggers

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clogs supplied by USA Dawgs.

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Upon information and belief, Crocs allegation that CVS infringes the 465 patent

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for its sale of footwear supplied by USA Dawgs includes the same footwear products that USA

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Dawgs showed to Crocs during Crocs 2013 visit to USA Dawgs offices in Las Vegas, Nevada.

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17.

On June 28, 2016, Crocs moved the Court in the Colorado Case for leave to amend

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its complaint in that action. Crocs proposed amendment to its complaint seeks to add a claim of

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infringement of the 465 patent against USA Dawgs and Double Diamond. Among other things,

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Crocs proposed complaint alleges:

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[USA Dawgs and Double Diamond] infringe the 465 Patent with
certain products manufactured, offered for sale, or sold within the
United States, or imported into the United States, including but not
limited to DAWGSS line of Fleece-lined Dawgs clogs and Fleecelined Hounds, which are distributed throughout the United States by
USA DAWGS.

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Crocs served its motion to amend its complaint, along with its proposed complaint accusing USA

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Dawgs and Double Diamond of infringing the 465 patent to USA Dawgs and Double Diamonds
counsel in Las Vegas, Nevada.

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18.

Upon information and belief, Crocs allegation in its proposed amended complaint

in the Colorado Case that USA Dawgs and Double Diamond infringe the 465 patent includes the

Case 2:16-cv-01694 Document 1 Filed 07/18/16 Page 5 of 6

same footwear products that USA Dawgs showed to Crocs during Crocs 2013 visit to USA Dawgs

offices in Las Vegas, Nevada.

19.

Given the contents of Crocs complaint against CVS and its proposed amended

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complaint in the Colorado Case against USA Dawgs and Double Diamond, there is an actual case
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or controversy regarding whether USA Dawgs and Double Diamond infringe the 465 patent and
whether the 465 patent is valid.

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FIRST CLAIM FOR RELIEF

DECLARATION OF NON-INFRINGEMENT OF U.S. PATENT NO. D632,465
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matters set forth in paragraphs 119 above.

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22.

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As a result of the acts described in the foregoing paragraphs, there exists a

substantial controversy of sufficient immediacy and reality to warrant the issuance of a declaratory
judgment.
23.

A judicial declaration is necessary and appropriate so that USA Dawgs and Double

Diamond may ascertain their rights regarding the 465 patent.

SECOND CLAIM FOR RELIEF

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USA Dawgs and Double Diamond have not infringed and do not infringe, directly

or indirectly, any valid and enforceable claim of the 465 patent.

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USA Dawgs and Double Diamond reallege and incorporate herein by reference the

DECLARATION OF INVALIDITY OF U.S. PATENT NO. D632,465

24.

USA Dawgs and Double Diamond reallege and incorporate herein by reference the

matters set forth in paragraphs 123 above.

25.

The 465 patent is invalid for failure to meet the conditions of patentability and/or

otherwise to comply with one or more of 35 U.S.C. 100 et seq., 101, 102, 103, 112 and 132.
26.

As a result of the acts described in the foregoing paragraphs, there exists a

substantial controversy of sufficient immediacy and reality to warrant the issuance of a declaratory
judgment.

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Case 2:16-cv-01694 Document 1 Filed 07/18/16 Page 6 of 6

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27.

A judicial declaration is necessary and appropriate so that USA Dawgs and Double

Diamond may ascertain their rights regarding the 465 patent.

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JURY DEMAND
28.

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, USA Dawgs and

Double Diamond respectfully request a trial by jury on all issues to which they are entitled to a

jury trial by law.

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PRAYER FOR RELIEF

WHEREFORE, USA Dawgs and Double Diamond respectfully request that judgment be
entered in their favor and pray that the Court grant the following relief:
(i) A declaration that USA Dawgs has not infringed, either directly or indirectly,
any valid and enforceable claim of the 465 patent;
(ii) A declaration that Double Diamond has not infringed, either directly or
indirectly, any valid and enforceable claim of the 465 patent.

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(iii) A declaration that the claims of the 465 patent are invalid

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(iv) An order declaring that USA Dawgs is a prevailing party and that this is an

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exceptional case, awarding USA Dawgs its costs, expenses, disbursements, and reasonable

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attorney fees under 35 U.S.C. 285 and all other applicable statutes, rules and common law;

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(v) An order declaring that Double Diamond is a prevailing party and that this is an

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exceptional case, awarding USA Dawgs its costs, expenses, disbursements, and reasonable

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attorney fees under 35 U.S.C. 285 and all other applicable statutes, rules and common law;

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(vi) such other and further relief as this Court may deem just and proper.
DATED this 18th day of July, 2016.
/s/ Brian J. Elliott_____________
BRIAN J. ELLIOTT
Nevada Bar No. 11115
4120 W. Windmill Lane, Suite 106
Las Vegas, Nevada 89139
(702) 260-1060 | (702) 260-1606 Fax
E-mail: bje@brianelliottlaw.com
Attorney for U.S.A. Dawgs, Inc. and Double
Diamond Distribution, Ltd.

Case 2:16-cv-01694 Document 1-1 Filed 07/18/16 Page 1 of 1

CIVIL COVER SHEET

JS 44 (Rev. 11/15)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

U.S.A. Dawgs, Inc, a Nevada corporation, and Double Diamond

Distribution, Ltd., a Saskatchewan, Canada corporation

Crocs, Inc., a Delaware corporation

Clark

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

Boulder County, Colo.

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Brian J. Elliott, Esq., Attorney at Law

4120 W Windmill Ln., #106
Las Vegas, Nevada 89139 702-530-4529

II. BASIS OF JURISDICTION (Place an X in One Box Only)

u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
u 1

DEF
u 1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State

Citizen of Another State

u 2

Incorporated and Principal Place

of Business In Another State

u 5

u 5

Citizen or Subject of a
Foreign Country

u 3

Foreign Nation

u 6

u 6

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
u
u
u
u
u
u
u

u
u
u
u
u

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u
u
u
u
u

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure

of Property 21 USC 881
u 690 Other

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

u
u
u
u
u

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRSThird Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)

u 1 Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District
(specify)

u 6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

28 U.S.C. 2201, 35 U.S.C. 100 et seq.

VI. CAUSE OF ACTION Brief description of cause:

Action for declaratory judgment of non-infringement and invalidity

u CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

u Yes
u No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

07/18/2016

FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case 2:16-cv-01694 Document 1-2 Filed 07/18/16 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

District
of Nevada
__________
District
of __________
U.S.A. Dawgs, Inc., a Nevada corporation, and
Double Diamond Distribution, Ltd., a Saskatchewan,
Canada corporation
Plaintiff(s)

v.
Crocs, Inc., a Delaware corporation

Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 2:16-cv-1694

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Crocs, Inc

c/o The Corporation Trust Company of Nevada

701 S Carson St, Ste 200
Carson City, NV 89701

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Brian J. Elliott, Esq., Attorney at Law
4120 W Windmill Ln., #106
Las Vegas, Nevada 89139

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

Case 2:16-cv-01694 Document 1-2 Filed 07/18/16 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individuals last known address; or

, who is

u I served the summons on (name of individual)

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

0.00

Case 2:16-cv-01694 Document 1-3 Filed 07/18/16 Page 1 of 10

EXHIBIT 1

Case 2:16-cv-01694 Document 1-3 Filed 07/18/16 Page 2 of 10

USO0D632465S

(12) United States Design Patent (10) Patent N0.:

del Biondi et al.
(54)

(75)

FOOTWEAR

Inventors: Stefano del Biondi, Noventa Padovana

(IT); Lucio Stefanello, Mestre (IT)
-

**

Term

14 Years

3/2008 Seamans

D564,204 S

3/2008 Seamans

13564205 5
135641207 S

3/2008 Seamans
3/2008 Seamans

D564,208 S

3/2008 Seamans

3/2008

File/d1

Anastasiadis

D564749 S

30008 Seamans

D567,48l S

4/2008 Hoyt

D567,482 s

4/2008 Hoyt

(21) Appl. No.: 29/280,317

(22)

4* *Feb. 15, 2011

D563,082 S

D564,395

(73) Asslgnee. CROCS, Inc., N1wot, CO (US)

(

US D632,465 S

(45) Date of Patent:

(Continued)

May 23, 2007

Related US. Application Data

FOREIGN PATENT DOCUMENTS

EM

000061122-0001

(63) Continuation-in-part of application No. 29/250,892,

11/2003

(Continued)

?led on Dec. 4, 2006, now abandoned.

OTHER PUBLICATIONS
(51)
(52)
(58)

LOC (9) Cl
US. Cl. ...... .... ...... ... ........ .. D2/923; D2/896; D2/926
Field of Classi?cation Search ................ .. D2/896,

AUStra1'1311 UI1 l'11m't6 d, II1C., OldF'Ilel'l dF 00tWear, http//

I we b .are h'We.
org/web/zoosl105113654/http
oldfriendslippertconml pg)
(archived NOV, 5, 2005),

D2/902, 903, 919, 923, 925, 926, 969; 36/1,

36/83, 113, 114, 116, 4,245, 26, 87

See application ?le for complete search history.
(56)
References Cited
US. PATENT DOCUMENTS
D392,699 S

3/1998 Caldwell

D437,822 S
D450,261
D473,040
D498,901
6,993,858
D517,788
D517,789
D517,790
D525,419
D529,263
7,146,751
D535,088
D543,341

2/2001 Gray

S
S
S
B2
S
S
S
S
S
B2
S
S

D543,681 S

11/2001
4/2003
11/2004
2/2006
3/2006
3/2006
3/2006
7/2006
10/2006
12/2006
1/2007
5/2007
*

D545,032 S
D545,033 S
D560,059 S

D561,982 S

6/2007

Steere
Hawker et al.
Hawker et al.
Seamans
Seamans
Seamans
Seamans
Seamans
Wolf
Seamans
Seamans
Seamans
McCarthy .................. .. D2/969

6/2007 Wolf
6/2007 Wolf
*

(Commued)
Primary ExamineriDOminiC Simone
(74) Attorney, Agent, or FirmiFaegre & Benson LLP

(57)

CLAIM

The ornamental design for footwear, as shown and described.

DESCRIPTION

FIG. 1 is a front perspective view.

FIG. 2 is a front view.
FIG. 3 is a back view.
FIG. 4 is an outer side view.

FIG. 5 is an inner side view.

FIG. 6 is a top view; and,

FIG. 7 is a bottom view.

The broken line showing of the sole is for illustrative purposes

only and forms no part of the claimed design.

1/2008 Belley et al. ............... .. D2/969

2/2008 Hoyt

1 Claim, 7 Drawing Sheets

Case 2:16-cv-01694 Document 1-3 Filed 07/18/16 Page 3 of 10

US D632,465 S
Page 2
US. PATENT DOCUMENTS

USPTO Trademark Electronic Search System, word mark search for

Old Friend (2 pgs.).

D567,483 S
D571,547 S
D573,778 S

D575,937
D578,743
D579,182
D579,651
D584,032
D584,037
D590,588
D593,287
D599,538
D600,907
D606,290
D610,784
2004/0231189
2004/0231190
2004/0231191
2006/0048407
2007/0130797

*
*

4/2008 Liow

Response to Request for Preliminary Injunction, SMC Llithi AG v.

6/2008
7/2008

Court District V Burgdorf-Fraubrunnen Decision, CROCS INC. V.

Yang ......................... .. D2/969

Hawker ..................... .. D2/896

S
S
S
S
S
S
S
S
S
S
S
S

9/2008
10/2008
10/2008
11/2008
1/2009
1/2009
4/2009
6/2009
9/2009
9/2009
12/2009
3/2010

Klavano
Liow
Klavano
Hearn
Jarosik
del Biondi et al.
del Biondi et al.
del Biondi et al.
del Biondi et al.
Boyd et al.
del Biondi et al.
del Biondi

A1
A1
A1
A1
A1

1 1/ 2004
1 1/ 2004
1 1/ 2004
3/ 2006
6/ 2007

Seamans
Seamans
Seamans
Seamans
Seamans

FOREIGN PATENT DOCUMENTS

EM
GB
WO
WO

000733282-0001
2322286 A
2004105531 A1
2004105534 A2

8/2007
8/1998
12/2004
12/2004

OTHER PUBLICATIONS

Australian Unlimited, Inc., Old Friend Slippers, http://webarchive.

org/web/20020725210926/http://www.oldriendslipper.com/ (2 pg.)
(archived Jul. 25, 2002).
Zappos.com, Womens

Casual,

http://web.archive.org/web/

20060127085535/www.zappos.com/n/es/d/722000351/page/4.html
(2 pgs.) (archived Jan. 27, 2006).
Zappos.com, Cozi,http://web.archive.org/web/20041014081845/
www.zappos.com/n/es/d/722004579.html (2 pgs.) (archived Oct. 14,
2004).
Ugg Australia, Womens Slipper Collection, http://web.archive.org/

web/20051024083151/www.uggaustralia.com/Products.
asp?deptiid:3&g:women&c:Slippers&sc:37&col:2 (2 pgs.)
(archived Oct. 24, 2005).

Crocs Inc., Bern, Switzerland, ?led Apr. 4, 2008 (250 pgs.).

SMCLUTHIAG, Z 08 280, Switzerland, Jul. 17, 2008 (30 pgs.)

Plantiffs Reply, CROCS INC. V. SMCLUTHIAG, Z 08 280, Swit

zerland, May 14, 2008 (50 pgs.).

Court Order, CROCS INC. V. SMC LUTHI AG, Z 08 280, Switzer

land, Feb. 27, 2008 (3 pgs.).

Reasons for the attached application for a declaration of invalidity of

the registered community design No. 000733282-00001, Wagner

Rechtsanwalte, Jul. 3, 2008.
Communication to the holder pursuant to Art. 31(1) CDIR, Of?ce for
Harmonization in the Internal Market (Trade Marks and Designs),

Jul. 11,2008.
Communication to the holder pursuant to Art. 31(1) CDIR, Of?ce for
Harmonization in the Internal Market (Trade Marks and Designs),

Aug. 6, 2008.
Klage, Crocs v. Deichmann, Handelsgericht Wien, Dec. 17, 2008
(complaint and motion for preliminary injunction).
AuBerung, Crocs v. Deichmann, Handelsgericht Wien, Jan. 7, 2009
(defense ?led by Deichmann in the preliminary proceedings).
Klagebeantwortung, Crocs v. Deichmann, Handelsgericht Wien, Jan.
21, 2009 (statement of defense ?led by Deichmann in the main

proceedings).
Rekurs, Crocs v. Deichmann, Handelsgericht Wien, Apr. 6, 2009

(appeal against the preliminary injunction lodged by Deichmann)

(including selected exhibits 3-6, 8-13, and 26).
Rekursbeantwortung, Crocs v. Deichmann, Handelsgericht Wien,
Apr. 20, 2009 (defence against Deichmanns appeal in the prelimi
nary proceedings ?led by Crocs).
Ordonnance, Crocs v. DLD Trading & Skechers Sarl, Tribunal Can

tonal, Canton de Vaud, Sep. 18, 2008 (?led by Crocs).

Requete dAppel, Crocs v. DLD Trading & Skechers Sarl, Tribunal

Cantonal, Canton de Vaud, Oct. 2, 2008 (?led by Skechers).

Crocs:
Cayman,
http://www.crocs.com/crocs-cayman/

10001,default,pd.html?q:cayman (Nov. 3, 2009) (6 pages) (depict

ing Cayman shoe on sale in the US more than one year before May 23,

2007).
Buddy by Calzuro, A New Born in the Calsuro s Family, http://www.

calzuro.it/news/php?lang:eng&id:20 (May 13, 2009) (6 pages).

* cited by examiner

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