What the complaint alleges
Fashion Law reports a complaint filed on September 18, 2026, in the U.S. District Court for the District of Colorado: Crocs, Inc. and Jibbitz, Inc. v. Five Below, Inc., No. 1:26-cv-04606. The complaint alleges that Five Below's Juniors Charm Clogs, charms, and a clog-shaped Novelty Shoe Purse infringe Crocs' Classic Clog trade dress (U.S. Reg. Nos. 5,149,328 and 5,273,875). It also pleads related design and utility patent claims. Lanham Act trade dress, dilution, and unfair competition claims are pled alongside the patent counts.
The complaint alleges a March 4 demand letter and continued sales afterward. Fashion Law reports that the plaintiffs say Five Below kept selling the challenged shoes, charms, and related products after it received that letter.
A complaint is not a ruling
None of this is a finding. A newly filed complaint tells you what Crocs and Jibbitz allege. It does not tell you that Five Below infringed a trade dress or a patent. The court has not decided the case.