Vibram SpA and its wholly-owned subsidiary, Vibram USA Inc., have filed suit against Fila USA, claiming its “Skele-toes” footwear collection infringes on U.S. patents that cover Vibram’s FiveFingers product.  Fila has responded that the allegations have no merit.


Filed in the U.S. District Court in Massachusetts, the lawsuit focuses Vibrams hot-selling minimalist line with separate toes in the forefoot that look like gloves for feet.  The complaint alleges Filas Skeletoes footwear infringes on several U.S. patents held by Vibram.


The patents pertain to a variety of footwear designs comprising individual toe pockets, the main one being U.S. Patent No. 7,805,860 titled Footwear Having Independently Articulable Toe Portions, which was issued on Oct. 5, 2010, Vibram said.


Vibrams complaint said, Prior to Vibrams invention … a need existed for footwear shaped to the natural contour of the feet and which allows independent intrinsic movement of the feet, and particularly the toes, in order to enhance performance of the foot … Vibram has filled that need with its novel and inventive footwear.


Vibrams FiveFingers was launched in 2005 while Filas Skele-toes collection was introduced in February 2011.


Before Vibram FiveFingers were introduced, there was no minimalist footwear constructed with individual toe pockets that encouraged natural, barefoot movement, while at the same time providing enhanced grip and protection. Vibram pioneered the minimalist footwear category, said Tony Post, Vibram USAs president, in a statement.

 

Vibram launched the concept in 2005, and public reception has grown tremendously since, now the entire footwear industry has responded by entering the minimalist category. In fact, Vibram has even partnered with Merrell and New Balance to create minimal/barefoot like sole

platforms that are complementary to our Vibram FiveFingers.


Post added, Vibram innovated the technology and earned the patents. With our success, copyists and counterfeiters have come out of the woodwork. We will continue to take aggressive action against all who infringe our intellectual property. These infringements are not only damaging to Vibram, they also hurt our retail partners and the public trust. Vibram will work diligently to bring such action to a stop.
In response, Fila issued a statement saying it planned to vigorously defend itself in court.

 

The statement read, Fila has reviewed the allegations in Vibrams complaint and has determined that they are without merit. Prior to developing and releasing this line of footwear in February 2011, Fila determined that the Skele-Toes shoes did not infringe any existing patents including those owned by Vibram. Though Vibram is generally credited with launching the minimalist trend in the footwear industry, Fila Skele-Toes joins a long history of shoes with articulated toes and represents a more accessible approach to this rapidly expanding minimalist footwear category.


Vibram seeks damages as compensation and a court injunction prohibiting further sale of Filas products.