Colombian Company Wins Legal Battle Against Crocs

It has been 8 years since Colombian footwear company Evacol began their legal battle against Crocs. In 2019, the footwear giant was able to get the Superintendence of Industry and Commerce to ban the production of rubber shoes. The institution had ruled that the design was a trademark filed by Crocs, and therefore Evacol would infringe national legislation over the multinational’s property. 

However, three years passed, and Evacol was able to bring down the sanctions imposed on them by this institution, given that the superior district attorney’s office did not find enough reason to prohibit a national corporation. 

This legal controversy started in 2016. Crocs was able to get a three-dimensional trademark in Colombia and therefore imposed legal actions against Evacol, under the argument of an alleged violation of industrial property rights.  

The Superintendence of Industry and Commerce sanctioned Evacol in 2019 and made them destroy almost 50,000 shoes and halt the distribution of these products. Evacol countersued, taking the matter to a second hearing, and the initial decision was revoked. 

What did the company’s CEO say about the case against Crocs?

Antonio Wang, Evacol’s CEO, had previously stated that they had filed for trademark over a decade ago, but the government agency did not allow the trademark to go through. He also stated that this was an unfair measure against a local company. Additionally, he stated that the legal battle caused Evacol to lose around COP 500,000 million in destroyed products and harmed the company’s reputation. This has translated into a clear hindrance to the company’s image and has cost them financially. Wang argued that many banks think that the company will collapse and will not give them loans, as they do to other companies. 

In the final sentence, the judge decided that both companies had been able to coexist in the market for some years without any prejudice. Colombian justice also dictated that national products did not try to imitate original Crocs products because the distinction between them was clear and made it impossible for consumers to make a mistake when purchasing these products. 

What will be the company’s response?

The Colombian shoe industry has not officially responded to this decision yet. However, they are likely to file a lawsuit against the Superintendence of Industry and Commerce in the coming weeks. The lawsuit is likely to demand reparations for the five years during which Evacol could not commercialize its products.