UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`CERTAIN CASUAL FOOTWEAR
`AND PACKAGING THEREOF
`
`
`
`Investigation 337-TA-1270
`
`
`
`CONSENT ORDER
`
`The United States International Trade Commission (“Commission”) has instituted the
`
`above-captioned investigation under Section 337 of the Tariff Act of 1930 as amended
`
`(19 U.S.C. § 1337), based upon the allegations contained in the Complaint filed by Complainant
`
`Crocs, Inc. (“Crocs”), which allege unfair acts in the importation into the United States, sale for
`
`importation into the United States, and/or sale after importation into the United States of certain
`
`casual footwear products and packaging thereof in violation of Crocs’ rights in United States
`
`Trademark Registration No. 5,149,328 (“the ’328 Registration”), United States Trademark
`
`Registration No. 5,273,875 (“the ’875 Registration” and, with the ’328 Registration, the “3D
`
`Marks”), and United States Trademark Registration No. 3,836,415 (“the ’415 Registration” and,
`
`with the 3D Marks, the “Asserted Marks”).
`
`Respondent Loeffler Randall Inc. (“Loeffler Randall”) has executed a Consent Order
`
`Stipulation in which it agrees to the entry of this Consent Order and to all waivers and other
`
`provisions as required by the Commission’s Rules of Practice and Procedure. Crocs and Loeffler
`
`Randall filed a Joint Motion to Terminate the Investigation as to Loeffler Randall Inc. Based
`
`Upon a Consent Order.
`
`
`Washington, D.C.
`
`In the Matter of
`CERTAIN CASUAL FOOTWEAR
`AND PACKAGING THEREOF
`
`
`
`Investigation 337-TA-1270
`
`
`
`CONSENT ORDER
`
`The United States International Trade Commission (“Commission”) has instituted the
`
`above-captioned investigation under Section 337 of the Tariff Act of 1930 as amended
`
`(19 U.S.C. § 1337), based upon the allegations contained in the Complaint filed by Complainant
`
`Crocs, Inc. (“Crocs”), which allege unfair acts in the importation into the United States, sale for
`
`importation into the United States, and/or sale after importation into the United States of certain
`
`casual footwear products and packaging thereof in violation of Crocs’ rights in United States
`
`Trademark Registration No. 5,149,328 (“the ’328 Registration”), United States Trademark
`
`Registration No. 5,273,875 (“the ’875 Registration” and, with the ’328 Registration, the “3D
`
`Marks”), and United States Trademark Registration No. 3,836,415 (“the ’415 Registration” and,
`
`with the 3D Marks, the “Asserted Marks”).
`
`Respondent Loeffler Randall Inc. (“Loeffler Randall”) has executed a Consent Order
`
`Stipulation in which it agrees to the entry of this Consent Order and to all waivers and other
`
`provisions as required by the Commission’s Rules of Practice and Procedure. Crocs and Loeffler
`
`Randall filed a Joint Motion to Terminate the Investigation as to Loeffler Randall Inc. Based
`
`Upon a Consent Order.
`
`
`
`IT IS HEREBY ORDERED THAT:
`
`1.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(i):
`
`a.
`
`Complainant in this investigation is Crocs, Inc., a Delaware corporation
`
`having its principal place of business at 13601 Via Varra, Broomfield, Colorado 80020.
`
`b.
`
`Respondent covered by this Consent Order is Loeffler Randall Inc.
`
`(“Loeffler Randall”), a corporation organized under the laws of the State of New York,
`
`with a principal place of business at 588 Broadway, Suite 1203, New York, New York
`
`10012.
`
`c.
`
`The “Subject Articles” are certain casual footwear products and packaging
`
`thereof that infringe one or more of the 3D Marks (hereinafter defined).
`
`d.
`
`The “3D Marks” are the ’328 Registration and the ’875 Registration,
`
`collectively.
`
`e.
`
`The “Asserted Marks” are the ’328 Registration, the ’875 Registration,
`
`and the ’415 Registration, collectively.
`
`2.
`
`The Complaint in this Investigation, as amended, alleges that Loeffler Randall
`
`manufactures, imports into the United States, promotes, distributes, and/or sells after importation
`
`in the United States the Subject Articles.
`
`3.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(ii), Loeffler Randall has executed a Consent
`
`Order Stipulation.
`
`4.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(iii), Loeffler Randall shall not sell for
`
`importation, import, or sell after importation the Subject Articles, directly or indirectly, and shall
`
`not aid, abet, encourage, participate in, or induce the sale for importation, the importation, or the
`
`sale after importation of the Subject Articles except under consent or license from Crocs.
`
`
`
`2
`
`
`
`Loeffler Randall will dispose of and will not sell within the United States or otherwise transfer
`
`its existing domestic inventories of the Subject Articles.
`
`5.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(v), Loeffler Randall shall cease and desist
`
`from importing and distributing the Subject Articles in the United States, except as permitted by
`
`the Settlement Agreement.
`
`6.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(vi), Loeffler Randall shall be precluded from
`
`seeking judicial review or otherwise challenging or contesting the validity of the Consent Order.
`
`7.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(vii), Loeffler Randall shall cooperate with
`
`and shall not seek to impede by litigation or other means the Commission’s efforts to gather
`
`information under subpart I of the Commission’s Rules of Practice and Procedure, 19 C.F.R.
`
`§ 210.
`
`8.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(viii), Loeffler Randall and its officers,
`
`directors, employees, agents, and any entity or individual acting on its behalf and with its
`
`authority shall not seek to challenge the validity or enforceability of any of the 3D Marks in any
`
`administrative or judicial proceeding to enforce the Consent Order.
`
`9.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(ix), when any of the 3D Marks expire, the
`
`Consent Order shall become null and void as to that Mark.
`
`10.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(x), if any of the 3D Marks is held invalid or
`
`unenforceable by a court or agency of competent jurisdiction or if any article has been found or
`
`adjudicated not to infringe the asserted right in a final decision, no longer subject to appeal, this
`
`Consent Order shall become null and void as to such invalid or unenforceable 3D Mark or
`
`adjudicated article.
`
`
`
`3
`
`
`
`11.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(xi), the Commission has in rem jurisdiction
`
`over the Subject Articles, in personam jurisdiction over Loeffler Randall for purposes of this
`
`Consent Order, and subject matter jurisdiction over this Investigation.
`
`12.
`
`Pursuant to 19 C.F.R. § 210.21(c)(4)(xii), this Investigation is hereby terminated
`
`with respect to Loeffler Randall; provided, however, that enforcement, modification, or
`
`revocation of this Consent Order shall be carried out pursuant to Subpart I of the Commission’s
`
`Rules of Practice and Procedure, 19 C.F.R. § 210.
`
`By order of the Commission.
`
`
`
`Lisa R. Barton
`Secretary to the Commission
`
`Issued: May 27, 2022
`
`
`
`
`
`4
`
`
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