Crocs may face millions of dollars in damages after the US Court of Appeals for the Federal Circuit revived a case alleging the footwear company misleadingly claimed its shoes are made of “patented” materials.

“Crocs conceded in its briefing, and at oral argument before this court, that its statements that Croslite was covered by a patent are false,” said Circuit Judge Jimmie V Reyna in a unanimous precedential opinion.

The case alleges that Crocs has been making the false claims about the patent and exclusivity of its materials since almost its founding in 2000.

Crocs competitor Dawgs considers the decision a win, noting the financial damage Crocs has caused to other market players.

Dawgs is seeking to recover “hundreds of millions of dollars in ill-gotten profits” from Crocs.

“Crocs has successfully killed off many of its competitors with forever-war litigation, and it has been trying to bury our family-owned business for nearly 20 years,” said Steve Mann, CEO of Double Diamond Distribution, trading as Dawgs.

“This decision is not just a win for us, but for fair competition and for the millions of people who have been harmed by Crocs’s fabricated claims and intentional false advertising.”

In 2022, Crocs obtained $6 million and $55,000 in damages from USA Dawgs and Double Diamond Distribution, respectively, for the alleged imitation of the cult favorite shoes.

Crocs asserted its patent and filed lawsuits against 21 companies for reportedly infringing on its registered trademark rights in its clog designs.