`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
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`
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`
`
`Before the Honorable Charles E. Bullock
`Chief Administrative Law Judge
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`
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`Investigation No. 337-TA-1270
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`
`In the matter of
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`CERTAIN CASUAL FOOTWEAR AND
`PACKAGING THEREOF
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`
`
`ORLY SHOE CORPORATION’S RESPONSE TO THE
`FIRST AMENDED COMPLAINT AND NOTICE OF INVESTIGATION
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`
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`Pursuant to 19 C.F.R. § 210.13, Respondent Orly Shoe Corp. (“Orly”), by its undersigned
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`attorneys, hereby responds to the First Amended Complaint (“Complaint”) filed pursuant to
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`Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §1337 (“Section 337”) by Crocs,
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`Inc. (“Crocs” or “Complainant”) on October 22, 2021 and to the Notice of Investigation
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`(“Notice”) issued by the United States International Trade Commission (“Commission”) on July
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`6, 2021. (EDIS Doc ID 746084).
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`As an initial matter, Orly denies that it has engaged in unfair competition or violated
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`Section 337 by importing, selling for importation, or selling within the United States after
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`importation any footwear products and packaging thereof that infringe or violate any valid and
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`enforceable intellectual property rights alleged in this Investigation. Orly denies that any asserted
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`trademark at issue in this Investigation is valid and enforceable. In the Complaint, Crocs
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`specifically accused the Orly White Foam Clog Ladies Shoes product. Orly denies that the White
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`Foam Clog Ladies Shoes product or any other Orly products infringe or violate any valid and
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`enforceable intellectual property rights alleged in this Investigation.
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`Orly reserves the right to amend or supplement this Response, including raising additional
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`affirmative defenses based on any additional facts or developments that become available or that
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`arise after the filing of this Response.
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`RESPONSE TO THE COMPLAINT
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`Orly denies each and every allegation averred in the Complaint that is not expressly
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`admitted below. Any factual allegation admitted below is admitted only as to the specific admitted
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`facts, and not as to any purported conclusions, characterizations, implications, or speculations that
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`might follow from the admitted facts.
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`Orly responds to the numbered paragraphs in the Complaint as follows. The section headers
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`in this Response correspond to the section headers in the Complaint and are included only for
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`clarity. They are not admissions of any allegations contained in such section headers.
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`I.
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`INTRODUCTION
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`
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`Paragraph 1 sets forth an introductory statement that does not require a response.
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`To the extent that Paragraph 1 includes factual allegations or otherwise requires a response, Orly
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`denies that this case “is about protecting Crocs Inc.’s rights in its trademarked iconic shoe design.”
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`Orly denies that Crocs has any valid or enforceable trademark rights in the alleged “Crocs 3D
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`Marks” or the “Crocs Word Mark” as alleged in the Complaint. Orly lacks sufficient knowledge
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`or information to admit or deny the remaining allegations in Paragraph 1, and therefore denies
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`them.
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`
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`Orly admits that Complainant, by its Complaint, has requested that the Commission
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`commence an investigation pursuant to Section 337 based on alleged unlawful importation into
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`the United States, sale for importation, and/or sale within the United States after importation of
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`certain footwear products and packaging thereof. Orly denies that it has violated Section 337. Orly
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`337-TA-1270 Orly’s Response to the Amended Complaint and Notice of Investigation
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`denies that it has sold, imported into the United States, and/or sold in the United States after
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`
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`importation certain footwear products and packaging thereof that infringe or violate any valid or
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`enforceable trademark rights as alleged in the Complaint. Orly lacks sufficient knowledge or
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`information to admit or deny the remaining allegations of Paragraph 2, and therefore denies them.
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`
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`Orly admits that the parties listed in this paragraph are proposed Respondents to
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`the Complaint.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 4, and therefore denies them.
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`
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`Orly denies that it has engaged in unlawful acts in violation of Section 337(a)(1)(C).
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`Orly denies that it has imported into the United States, sold for importation, and/or sold in the
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`United States after importation certain footwear products and packaging thereof that infringe or
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`violate any valid or enforceable trademark rights as alleged in the Complaint. Orly admits that
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`Appendices 1-6 are attached to the complaint and states that such documents speak for themselves.
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`Orly lacks sufficient knowledge or information to admit or deny the remaining allegations of
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`Paragraph 5, and, therefore, denies those allegations.
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`
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`Orly denies that it has engaged in unlawful acts in violation of Section 337(a)(1)(C).
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`Orly denies that it has engaged in unfair methods of competition, false designations of source,
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`and/or likely dilution of one or more alleged trademarks. The remaining of Paragraph 6 does not
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`include any factual allegations and therefore requires no response. To the extent that the remaining
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`of Paragraph 6 includes factual allegations, Orly lacks sufficient knowledge or information to
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`admit or deny them, and therefore denies them.
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`Paragraph 7 does not include any allegations and therefore requires no response.
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`To the extent a response is required, Orly lacks sufficient knowledge or information to admit or
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`deny the allegations of Paragraph 7, and, therefore, denies those allegations.
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`Orly denies the statements and allegations of Paragraph 8 insofar as they contain
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`the extent that Paragraph 8 sets forth factual allegations or otherwise requires a response, Orly
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`denies that a domestic industry as required by Sections 337(a)(1) and (a)(2)–(3) exists relating to
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`products protected by the alleged trademarks. Orly lacks sufficient knowledge or information to
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`admit or deny the remaining allegations of Paragraph 8, and, therefore, denies those allegations.
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`
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`Orly admits that Crocs seeks a General Exclusion Order pursuant to Section 337(d).
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`Orly also admits that Crocs seeks cease-and-desist orders prohibiting respondents from engaging
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`in the importation, marketing, advertising, demonstrating, warehousing of inventory for
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`distribution, sale, and use of imported articles in the United States pursuant to Section 337(f). Orly
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`denies that Crocs is entitled to any such relief with respect to Orly or its products. Orly denies that
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`it has violated Section 337. Orly denies that its conduct evidences likely circumvention of any
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`limited exclusion order that might issue and a pattern of violation. Orly lacks sufficient knowledge
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`or information to admit or deny the remaining allegations of Paragraph 9, and, therefore, denies
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`those allegations.
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`II.
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`THE CROCS TRADEMARKS AT ISSUE
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 10, and therefore denies them.
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`A. The Crocs 3D Marks and Crocs World Mark
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`
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`Orly admits that Appendix 3 is what Crocs purports to be a certified copy of U.S.
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`Trademark Registration No. 5,149,328. Orly admits that Appendix 5 is what Crocs purports to be
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`a certified copy of U.S. Trademark Registration No. 5,273,875. Orly admits that Figure 1 purports
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`337-TA-1270 Orly’s Response to the Amended Complaint and Notice of Investigation
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`to show images from Trademark Registration 5,149,328 and Trademark Registration No.
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`5,273,875. Orly lacks sufficient knowledge or information to admit or deny the remaining
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`allegations of Paragraph 11, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 12, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 13, and therefore denies them.
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`1.
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`The Crocs 3D Marks and Crocs Word Mark Are Famous
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 14, and therefore denies them.
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`a.
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`Crocs Distributes Shoes Bearing the Asserted Trademarks
`Through Many Different Channels and Market Segments
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 15, and therefore denies them.
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`
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`Orly admits that exhibit 1 is what Crocs purports to be a printout of
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`https://outdoorindustry.org/press-release/crocstm-inc-named-2005-brand-of-the-year-by-
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`footwear-news/. Orly lacks sufficient knowledge or information to admit or deny the remaining
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`allegations in Paragraph 16, and therefore denies them.
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`
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`Orly admits that Figure 2 purports to show images from Trademark Registration
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`5,149,328 and Trademark Registration No. 5,273,875. Orly admits that Figure 2 also shows an
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`image of what Crocs purports to be the Classic Clog. Orly lacks sufficient knowledge or
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`information to admit or deny the remaining allegations of Paragraph 17, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 18, and therefore denies them.
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`Orly admits that Exhibit 2 is what Crocs purports to be a printout of
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`
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`https://www.crocs.com/collaborations.html. Orly lacks sufficient knowledge or information to
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`admit or deny the remaining allegations of Paragraph 19, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 20, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 21, and therefore denies them.
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`Orly admits that Exhibit 3 is what Crocs purports to be a declaration of Erik Olson.
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`Orly denies the statements and allegations of Paragraph 22 insofar as they contain opinions and
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`legal arguments rather than factual assertions, and therefore, require no response. Orly lacks
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`sufficient knowledge or information to admit or deny the remaining allegations of Paragraph 22,
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`and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 23, and therefore denies them.
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`b.
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`The Crocs Asserted Trademarks Receive Substantial Publicity
`and the Marks Are Widely Recognized by the Consuming
`Public
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`
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`Orly admits that Exhibit 4 is what Crocs purports to be a printout of
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`https://money.cnn.com/2006/11/02/magazines/business2/crocs_whatworks.biz2/ and states that
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`the document speaks for itself. Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 24, and therefore denies them.
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`Orly admits that Exhibit 5 is what Crocs purports to be a copy of Advertising Age’s
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`Marketing 50 Awards. Orly admits that Exhibit 6 is what Crocs purports to be a printout of
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`https://www.gq.com/story/are-crocs-stylish-or-not. Orly admits that Exhibit 7 is what Crocs
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`purports to be a printout of http://ihatecrocsblog.blogspot.com/. Orly admits that Exhibit 8 is what
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`Crocs purports
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`to be a printout of https://slate.com/business/2020/09/crocs-cool-now-
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`uglyfashion.html. Orly admits that Exhibit 9 is what Crocs purports to be a printout of
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`https://foreignpolicy.com/2007/06/22/bush-suffers-from-foot-incrocs-disease/. Orly admits that
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`Exhibit
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`10
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`is
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`what
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`Crocs
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`purports
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`to
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`be
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`a
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`printout
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`of
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`https://www.lapresse.ca/international/201805/10/01-5180783-lescrocs-de-bush.php. Orly admits
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`that
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`Exhibit
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`11
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`is
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`what
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`Crocs
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`purports
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`to
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`be
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`a
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`printout
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`of
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`https://www.washingtonpost.com/business/2021/06/03/crocspandemic-surge/. Orly admits that
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`Exhibit 12 is what Crocs purports to be a printout of https://www.today.com/style/crocs-sales-
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`skyrocket-prince-georgeeffect-t28266. Orly states that these documents speak for themselves.
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`Orly lacks sufficient knowledge or information to admit or deny the remaining allegations of
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`Paragraph 25, and therefore denies them.
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`Orly admits that Exhibit 2 is what Crocs purports to be a printout of
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`https://www.crocs.com/collaborations.html. Orly admits that Exhibit 13 is what Crocs purports to
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`be a printout of https://www.forbes.com/sites/denizcam/2020/12/07/how-crocsdevoured-2020-
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`post-malone-collaboration-justin-bieber-badbunny/?sh=70c5ae8c8031. Orly admits that Exhibit
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`14 is what Crocs purports to be a printout of https://www.thetimes.co.uk/article/should-men-wear-
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`crocsgtv3rlvlv. Orly admits that Exhibit 15 is what Crocs purports to be a printout of
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`https://www.nydailynews.com/entertainment/stars-wearing-crocsgallery-1.1879316. Orly admits
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`that
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`Exhibit
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`16
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`is
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`what
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`Crocs
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`purports
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`to
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`be
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`a
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`printout
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`of
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`https://footwearnews.com/2016/fashion/celebrity-style/these-arethe-celebrities-wearing-crocs-
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`shoes-photos-289549/. Orly states that these documents speak for themselves. Orly lacks sufficient
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`knowledge or information to admit or deny the remaining allegations of Paragraph 26, and
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`337-TA-1270 Orly’s Response to the Amended Complaint and Notice of Investigation
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`therefore denies them.
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`Orly admits that Exhibit 17 is what Crocs purports to be a printout of
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`https://www.buzzfeednews.com/article/laurenstrapagiel/crocsshaving-cream-tiktok-satisfying.
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`Orly admits
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`that Exhibit 18
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`is what Crocs purports
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`to be a printout of
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`https://www.republicworld.com/world-news/rest-of-the-worldnews/a-look-at-top-ten-videos-of-
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`tiktok-from-2019.html. Orly admits that Exhibit 19 is what Crocs purports to be a printout of
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`https://www.youtube.com/watch?v=2NL2lRwlDbw. Orly admits that Exhibit 20 is what Crocs
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`purports to be a printout of https://footwearnews.com/2019/focus/athletic-outdoor/croc-daycrocs-
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`memes-1202860877/. Orly admits that Exhibit 21 is what Crocs purports to be a printout of
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`https://www.quilt.ai/post/how-did-crocs-become-cool. Orly states that these documents speak for
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`themselves. Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 27, and therefore denies them.
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`c.
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`The Asserted Trademarks Are Federally Registered
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 28, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 29, and therefore denies them.
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`2.
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`The Crocs 3D Marks Are Not Functional
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`Orly denies the statements and allegations of Paragraph 30 insofar as they contain
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`the extent a response is required, Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 30, and, therefore, denies those allegations.
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`Orly denies the statements and allegations of Paragraph 31 insofar as they contain
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`337-TA-1270 Orly’s Response to the Amended Complaint and Notice of Investigation
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`
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`the extent a response is required, Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 31, and, therefore, denies those allegations.
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`Orly denies that it copied any of the alleged trademarks in the Complaint. Orly
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`denies the statements and allegations of Paragraph 32 insofar as they contain opinions and legal
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`arguments rather than factual assertions, and therefore, require no response. To the extent a
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`response is required, Orly lacks sufficient knowledge or information to admit or deny the
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`remaining allegations of Paragraph 32, and, therefore, denies those allegations.
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`B. Crocs Licenses the Asserted Trademarks
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`Orly denies the statements and allegations of Paragraph 33 insofar as they contain
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`the extent a response is required, Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 33, and, therefore, denies those allegations.
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`Orly admits that Exhibit 22 is what Crocs purports to be a printout of
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`https://www.businessinsider.com/balenciaga-platform-crocs-mostpopular-fashion-2018-7. Orly
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`lacks sufficient knowledge or information to admit or deny the remaining allegations of Paragraph
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`34, and therefore denies them.
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`
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`Orly admits that Exhibit 23 is what Crocs purports to be a Printout of
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`https://www.wmagazine.com/story/balenciaga-crocs-sold-out-presale. Orly
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`lacks
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`sufficient
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`knowledge or information to admit or deny the remaining allegations of Paragraph 35, and
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`therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 36, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 37, and therefore denies them.
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`III. COMPLAINANT CROCS
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 38, and therefore denies them.
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` A. History of Crocs
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 39, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 40, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 41, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 42, and therefore denies them.
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`
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`Orly admits that Exhibit 24 is what Crocs purports to be a printout of
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`https://www.reuters.com/article/us-crocs-blackstone/crocs-toreceive-200-million-from-
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`blackstone-ceo-to-retire-idUSBRE9BT02220131230. Orly admits that Exhibit 25 is what Crocs
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`purports to be a printout of Printout of https://marker.medium.com/how-crocs-went-from-
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`fashionpunchline-to-pandemic-must-have-199b292b43d. Orly admits that Exhibit 26 is what
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`Crocs purports to be a printout of Printout of https://www.nasdaq.com/press-release/crocs-makes-
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`statementthird-year-come-you-are-campaign-featuring-zooey-deschanel. Orly states that these
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`documents speak for themselves. Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 43, and therefore denies them.
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`Orly admits that Exhibit 25 is what Crocs purports to be a Printout of printout of
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`
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`https://marker.medium.com/how-crocs-went-from-fashionpunchline-to-pandemic-must-have-
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`199b292b43d. Orly admits that Exhibit 27 is what Crocs purports to be a printout of
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`https://static.lystit.com/static/n/pr_campaigns/year_in_fashion_2020/pdf/en/YIF_DownloadPDF.
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`660056324cb9.pdf. Orly admits that Exhibit 29 is what Crocs purports to be a print out of
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`https://www.whowhatwear.co.uk/crocs-shoes/slide2. Orly states that these documents speak for
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`themselves. Orly lacks sufficient knowledge or information to admit or deny the remaining
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`allegations of Paragraph 44, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 45, and therefore denies them.
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`B. Crocs Footwear
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 46, and therefore denies them.
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 47, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 48, and therefore denies them.
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`C. Crocs Vigorously Defends its Intellectual Property, Including its 3D Marks
`and Word Mark
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 49, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 50, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 51, and therefore denies them.
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`Orly admits that Exhibit 33 is what Crocs purports to be a copy of MarkMonitor
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`June 2014 Crocs Landscape Report. Orly admits that Exhibit 34 is what Crocs purports to be a
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`copy of MarkMonitor May 2015 Escalated Domains Report. Orly lacks sufficient knowledge or
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`information to admit or deny the remaining allegations of Paragraph 52, and therefore denies them.
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`
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`Orly admits that Exhibit 35 is what Crocs purports to be a copy of MarkMonitor
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`February 2014 Marketplace Report. Orly lacks sufficient knowledge or information to admit or
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`deny the remaining allegations of Paragraph 53, and therefore denies them.
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`
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`Orly admits that Exhibit 36 is what Crocs purports to be a copy of Yellow Brand
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`Protection May 2019 Report. Orly lacks sufficient knowledge or information to admit or deny the
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`remaining allegations of Paragraph 54, and therefore denies them.
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`
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`Orly admits that Exhibit 36 is what Crocs purports to be a copy of Yellow Brand
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`Protection May 2019 Report. 54. Orly admits that Exhibit 37 is what Crocs purports to be a copy
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`of Yellow Brand Protection December 2019 Report. Orly lacks sufficient knowledge or
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`information to admit or deny the remaining allegations of Paragraph 55, and therefore denies them.
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`
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`Orly denies the statements and allegations of Paragraph 56 insofar as they contain
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`the extent a response is required, Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 56, and, therefore, denies those allegations.
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`
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`Orly denies the statements and allegations of Paragraph 57 insofar as they contain
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`the extent a response is required, Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 57, and, therefore, denies those allegations.
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`Orly denies the statements and allegations of Paragraph 58 insofar as they contain
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`
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`the extent a response is required, Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 58, and, therefore, denies those allegations.
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`
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`Orly denies the statements and allegations of Paragraph 59 insofar as they contain
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`opinions and legal arguments rather than factual assertions, and therefore, require no response. To
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`the extent a response is required, Orly lacks sufficient knowledge or information to admit or deny
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`the remaining allegations of Paragraph 59, and, therefore, denies those allegations.
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`IV.
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`PROPOSED RESPONDENTS
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`
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`Orly denies that it has violated Section 337. Orly denies that it has sold, imported
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`into the United States, and/or sold in the United States after importation certain footwear products
`
`and packaging thereof that infringe or violate any valid or enforceable trademark rights as alleged
`
`in the Complaint. Orly lacks sufficient knowledge or information to admit or deny the remaining
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`allegations of Paragraph 60, and therefore denies them.
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`
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`Orly admits that Table 1 purports to list Crocs’ Asserted Trademarks that Crocs
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`believes are violated by Respondents’ footwear products. Orly denies the remaining allegations
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`and characterizations in this paragraph to the extent that the allegations are directed at Orly. Orly
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`denies that it has violated Section 337. Orly denies that it has sold, imported into the United States,
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`and/or sold in the United States after importation certain footwear products and packaging thereof
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`that infringe or violate any valid or enforceable trademark rights as alleged in the Complaint. Orly
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`lacks sufficient knowledge or information to admit or deny the remaining allegations of Paragraph
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`61, and therefore denies them.
`
`A. Cape Robbin and
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`
`
`
`
`
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`Paragraph 62, and therefore denies them.
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`1.
`
`Cape Robbin’s and
`
` Background
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 63, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 64, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 65, and therefore denies them.
`
`2.
`
`Cape Robbin’s and
`
` Accused Products
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 66, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 67, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 68, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 69, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 70, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 71, and therefore denies them.
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`3.
`
` Unfair Acts, Infringement, and
`Cape Robbin’s and
`Dilution of the Crocs 3D Marks
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`
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`
`
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`Paragraph 72, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`Paragraph 73, and therefore denies them.
`
`a.
`
`Crocs Owned Protectable and Famous Trademark Rights
`Before Cape Robbin and
` Promoted and Sold Accused
`Products
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 74, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 75, and therefore denies them.
`
`b.
`
` Accused Products Are Likely to
`Cape Robbin and
`Cause Confusion with the Crocs’ 3D Marks, and Have Already
`Caused Actual Confusion
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 76, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 77, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 78, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 79, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 80, and therefore denies them.
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`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
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`337-TA-1270 Orly’s Response to the Amended Complaint and Notice of Investigation
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`Paragraph 81, and therefore denies them.
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`
`
`
`
`
`
`c.
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` Intended to Copy the Crocs 3D
`Cape Robbin and
`Marks and to Infringe and Dilute the Crocs 3D Marks
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 82, and therefore denies them.
`
`d.
`
` Promote and Sell Accused Products
`Cape Robbin and
`in Competition with Crocs’ Promotion and Sales of Products
`Bearing the Asserted Trademarks
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 83, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 84, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 85, and therefore denies them.
`
`e.
`
`Relevant Consumers Are Susceptible to Confusion and
`Dilutive Associations Caused by Cape Robbin and
`Accused Products
`
`
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 86, and therefore denies them.
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 87, and therefore denies them.
`
`f.
`
` Accused Products Are Likely to
`Cape Robbin and
`Cause Confusion and Dilutive Associations with Crocs or the
`Crocs 3D Marks
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 88, and therefore denies them.
`
`B.
`
`Bijora d/b/a Akira
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`
`
`
`
`
`
`Paragraph 89, and therefore denies them.
`
`1.
`
`Akira’s Background
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 90, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 91, and therefore denies them.
`
`2.
`
`Akira’s Accused Products
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 92, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 93, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 94, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 95, and therefore denies them.
`
`3.
`
`Akira’s Unfair Acts, Infringement, and Dilution of the Crocs 3D
`Marks
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 96, and therefore denies them.
`
`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 97, and therefore denies them.
`
`a.
`
`Crocs Owned Protectable and Famous Trademark Rights
`Before Akira Promoted and Sold Accused Products
`
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`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`
`
`
`
`
`
`Paragraph 98, and therefore denies them.
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`
`
`Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 99, and therefore denies them.
`
`b.
`
`Akira’s Accused Products Are Likely to Cause Confusion with
`the Crocs’ 3D Marks, and Have Already Caused Actual
`Confusion
`
` Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 100, and therefore denies them.
`
` Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 101, and therefore denies them.
`
` Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 102, and therefore denies them.
`
` Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 103, and therefore denies them.
`
` Orly lacks sufficient knowledge or information to admit or deny the allegations of
`
`Paragraph 104, and therefore denies them.
`
` Orly