The long-running legal dispute between shoemakers Crocs, Inc., and Kent-based Australia Unlimited, Inc. is over.
Crocs, Inc. and Australia Unlimited, Inc., maker of the NothinZ brand polymer clogs, agreed to settle all outstanding litigation between the parties by filing for dismissal of all claims and counterclaims. The agreement was filed Aug. 5 in the U.S. District Court in Colorado. The terms of the agreement were not disclosed.
The disagreement had focused on the humblest of things: plastic footwear.
Crocs had claimed breach of contract and patent and trade-dress infringement, while Australia Unlimited sought damages relating to its NothinZ brand of footwear. Australia Unlimited’s claims against Crocs included declarations of non-infringement of patent and trade dress, breach of contract and violations of anti-trust laws.
The settlement between the two shoemakers comes four years after Crocs filed complaints against several companies, including Australia Unlimited, contending that the companies were infringing on Crocs’ patents for lightweight resin clogs.
Kent businessman Jim Klavano, president of Australia Unlimited, then countersued Crocs.
Klavano said he is satisfied with the recent resolution. From the beginning, he said, he’s asserted his company never violated any patents and that he sells a unique product designed for performance and comfort.
“We will continue to market our unique, patented diamond clogs and shock-absorbing footwear worldwide,” Klavano stated in a press release.
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