ITC Finds No Violation, Issues Exclusion Order to Defaulters in Section 337 Case on Knock-Off Crocs
The International Trade Commission found no violation of Section 337 of the Tariff Act of 1930 by the remaining respondents in an investigation on alleged knock-off footwear but did issue a limited exclusion order against defaulting respondents (ITC Inv. No. 337-TA-1270), it said in a Federal Register notice. The ITC confirmed a February initial determination by Administrative Law Judge Bryan Moore, which found no violation but recommended a general exclusion order should the commission disagree (see 2301180042). The ITC issued a limited exclusion order against the four defaulting respondents, La Modish, Star Bay, Huizhou and Anao.
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Over the course of the investigation, the ITC terminated the investigation for various respondents following settlement agreements and consent orders. Remaining active respondents Hobby Lobby, Amoji and Orly were found to not have violated Section 337 because Crocs didn't prove that they infringed the asserted marks and didn't prove that they falsely designated the origin of their accused products.
In its original July 2021 complaint, Crocs said the infringing footwear copied its three-dimensional configuration of its shoes' outside upper, heels' textured strip, decorative band along the length of the heel strap, as well as the word mark “CROCS” (see 2107080035).