What the complaint alleges
The complaint was 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. It alleges that Five Below's Juniors Charm Clog copies Crocs' Classic Clog trade dress and infringes Crocs' U.S. Reg. Nos. 5,149,328 and 5,273,875, which the complaint says cover certain elements of the Classic Clog design, and that a clog-shaped Novelty Shoe Purse mimics elements of that trade dress. It also pleads infringement of Crocs' U.S. Design Patent D1,100,450 and of three Jibbitz utility patents, U.S. Patents 7,698,836, 8,122,519, and 8,782,814, which it asserts against charms Five Below sells with the clogs. The eight counts are trademark infringement under 15 U.S.C. § 1114(1), trade dress infringement under 15 U.S.C. § 1125(a), dilution under 15 U.S.C. § 1125(c), common law unfair competition and trade dress infringement, and four patent counts under 35 U.S.C. § 271. Crocs and Jibbitz demand a jury.
The complaint says the plaintiffs sent Five Below a demand letter on March 4, 2026, identifying the challenged products, and alleges that Five Below continued its infringing activities after receiving it.
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.