Crocs, Inc. v. Effervescent, Inc., No. 22-2160 (Fed. Cir. Oct. 3, 2024)

From the Opinion

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Appellants Double Diamond Distribution, Ltd.; U.S.A. Dawgs, Inc. ; and Mojave Desert Holdings, LLC ( collec- tively, “Dawgs”) appeal from a decision of the United States District Court for the District of Colorado granting sum- mary judgment in favor of Appellee Crocs, Inc. (“Crocs”). Crocs sued Dawgs for patent infringement . Dawgs counterclaimed, alleging that Crocs was liable for damages for false advertising in violation of Section 43(a) of the Lan- ham Act.