SKX was asking for this one...

SKX capitulated by acknowledging that economic harm could be done by knocking off other brands. Now CROX - with the most recognizable innovation in this industry in 5+ years - is suing for patent infringement. Not god for SKX.

Remember a couple weeks ago (6/23) I noted the irony that Skechers - the king of knocking off other shoe brands - was suing a smaller shoe company (Aetrex) for patent infringement? (See picture below).

I don't like to render my own 'expert' opinion on legal cases like this, but my concern with this filing was that it was more of a capitulation that validated the claims by numerous brands that economic harm could, in fact, be created by knocking off footwear designs. Skechers had been in denial (publicly) about this for quite some time.

I can't imagine that it has been pleasant working in Skechers' legal department since then (in fact, I know this to be the case).

Now SKX has Crocs - the company with what is arguably the most recognizable innovation in this industry in 5+ years - suing for patent infringement. Does CROX have a case? Check out the exhibit below. You be the judge. With the massive $300mm ruling against Payless in favor of Adidas, we're seeing the financial ante heading higher. This is increasingly an issue for Skechers.