News and Events

Those big, bold rubber clogs that come in bright colors and mold to the shape of your feet seem to be everywhere these days. The company that makes one kind of rubber clogs, Crocs, sold 6 million of them last year. However, in some online chat rooms and blogs, parents are sharing stories about kids having accidents while wearing the shoes. The problem has risen to the level of multiple lawsuits being filed against Crocs as a result of these incidents. In many of these incidents, including an incident involving a small boy at the Atlanta Hartsfield-Jackson International Airport, kids wearing Crocs have had their feet sucked into the side of escalators.

Some businesses have even posted warning signs near their escalators saying if you're wearing Crocs, be careful. But until recently, Crocs has been silent. Only with their newer shoes on the market can a person find warning labels on Crocs warning consumers of the dangers involved in wearing Crocs as normal everyday shoes. 

 
But recently, safety groups in the U.S. and Japan have issued warnings about soft-sided flexible clogs like Crocs and its imitators posing safety hazards to escalator riders. Typically, the shoe becomes entrapped when the rider is stepping on or off the escalator or standing too close to the side.

The Consumer Product Safety Commission reports that 77 escalator entrapment incidents have been reported since January 2006, half of which resulted in injury. All but two of the incidents involved soft-sided flexible clogs and slides such as Crocs. The CPSC doesn't reference the brand Crocs in its announcement but acknowledges that Crocs fall into the category of soft shoes they are warning about.

"This is a newer product on the market that poses a risk and we felt it was responsible to let consumers know," said CPSC spokesperson Julie Vallese. "It's not the shoe causing the injury but an unintentional risk when using an escalator."

In Japan, where 3.9 million pairs of Crocs were sold last year, the Trade Ministry asked the Colorado-based maker of Crocs to change the design of its shoes after receiving 65 complaints of Crocs and Crocs knockoffs becoming stuck in escalators between June and November of 2007. Most of the cases involved young children.

When asked about the entrapments, a Crocs spokesperson said, "Escalator safety is an issue we take very seriously. Safety experts say several factors can contribute to escalator accidents, including escalator design and maintenance, loose clothing or untied shoelaces, footwear and improper use."

Vallese says that the CPSC has warned about soft shoes and escalator safety in the past and felt it should renew its warning because of the number of incidents involving soft shoes and because now that the weather is warming more people are opting for lighter footwear.

Here are some general tips about escalator safety compiled from information offered by the CPSC:

• Before climbing aboard, look to see where the emergency shutoff buttons are in case you need to stop the escalator. The buttons are usually at the top and bottom of each escalator and can be used to stop the escalator in an emergency.
• Check the direction of the escalator before you take the first step.
• To avoid the sides of steps where entrapment can occur, stand in the middle of the step. Always face forward and hold the handrail.
• Step over the comb plate. Always pick up your feet and step carefully on or off the escalator. Never drag or slide your feet off the edge of the escalator.
• Stay clear of moving parts. Keep your hands, feet and clothing clear of the side panels of the escalator. Remember: loose shoe laces, rubber boots and baggy clothes can get caught in the moving parts of the escalator. Make sure you have no dangling clothing or loose shoelaces that could get caught.
• Always hold children's hands on escalators and do not permit children to sit or play on the steps.
• Never walk up the down escalator or vice versa.
• Do not bring children onto escalators in strollers, walkers or carts.
• Stand upright. Never lean on the side of the escalator or sit on the stairs. Never ride on the handrail.
• Do not run on an escalator.
• Exit promptly from the escalator. Never stop, stand or play at an escalator landing; this can cause a dangerous pileup.

What is a trademark and how does one protect a trademark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies a source of goods and services and may also distinguish such goods and services from those of others.  When a mark identifies a service rather than a good it is termed more precisely a “service mark”.  Nonetheless, the term “trademark” is often used also to refer to both trademarks and service marks.  Finally, the term “mark” is also used collectively to refer to both trademarks and service marks.

Trademarks are protected on either a common law or statutory basis.  On a common law basis, trademarks are generally protected by merely using the mark in commerce prior in time to others.  In addition to common law protection, certain laws and statutes provide for trademark protection by way of registration of a trademark.  To register a trademark one is required to file a trademark application.  One may file an application on a state, national, or international basis, depending on the breadth of coverage needed for one’s business circumstances.  In this article, we briefly address the process of protecting a trademark only a federal basis.

With respect to federal trademark applications, trademark applications are filed with the United States Patent and Trademark Office (“USPTO”) and may be filed on either an intent-to-use (“ITU”) or actual basis.  An actual use application is filed when the trademark has actually been used in commerce.  An ITU application is filed when a trademark has not yet been used in commerce.  An ITU application requires the additional step of filing a document called a “Statement of Use” (“SOU”) within six (6) months of a Notice of Allowance (“NOA”).  The SOU identifies the first date of use of a trademark ever, and a first date of use of a trademark in commerce for each category of goods and services listed in the application.

Specimens of use to prove use in commerce are filed along with the SOU.  For service marks a specimen may be a website, advertisement, brochure, or other such evidence proving use of the mark in commerce in connection with the services listed in the application.   For goods, a specimen may be labeling, packaging, or other such evidence proving the mark being used in connection with the goods.  When filing an actual use application no SOU is necessary because specimens are submitted at the outset.

The USPTO uses the international system of categorizing the source of goods and services associated with a trademark. Each mark is filed within one or more categories of goods and services.  For each category of goods and services, one must provide examples of how the mark is being used as a trademark in direct connection with the goods and/or services you are marketing.  It should be clear to the trademark examiner from looking at the specimen that the mark is being used in direct connection with the goods and/or services being claimed.

In the prosecution phase of the filing, the USPTO trademark examiner will examine the mark and may or may not allow the mark to publish for registration.  If the trademark examiner has objections to registering the mark then he or she will issue an “office action” stating the objections to the application.  The objections must be addressed within the timeframe provided in the office action, generally six (6) months from the date of the office action.  If the objections are overcome, the mark will be published in the Trademark Gazette, a USPTO publication for trademarks, for a period of thirty (30) days.

During this period of time, others may try to object or extend the period of time to object to the mark if they believe they will be damaged as a result of the mark’s registration.  If there are objections then further proceedings, including proceedings before the Trademark Trial and Appeal Board (“TTAB”) may be initiated to resolve the outstanding issues.  On the other hand, if there are no objections the trademark will eventually register and the trademark application will receive a certificate of registration.  

The trademark application process generally takes about between twelve (12) to eighteen (18) months from start to finish. The exact time depends on many factors including the trademark examiner’s docket, whether any office actions are issued, and whether any objections are filed.

At McConnell & Sneed, we assist clients in trademark protection.  If you need assistance with protecting your trademark on a federal or state (Georgia/North Carolina only) basis, please contact us for assistance.