Vibram SpA and its wholly-owned subsidiary, Vibram USA Inc., filed a lawsuit against Fila USA that alleges that Fila’s “Skele-toes” footwear infringes on US patents that cover Vibram’s FiveFingers.
Fila USA, Inc. announced that the company will vigorously defend itself against the complaint filed on July 6, 2011 by Vibram S.p.A. and Vibram USA Inc. in the United States District Court for the District of Massachusetts alleging that Fila USA Inc.’s Skele-toes line of footwear infringes three patents.
According to the patent infringement lawsuit filed in the United States District Court, District of Massachusetts, the patents involved cover footwear having individually articulable pockets for each toe, as embodied in Vibram’s enormously successful FiveFingers branded footwear that has helped to pioneer minimalist footwear, the barefoot running trend, and its inherent benefits.
The complaint alleges Fila USA, Inc.’s “Skeletoes” footwear is infringing several U.S. Patents held by Vibram. The FiveFingers Patents cover a variety of footwear designs comprising individual toe pockets.
“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 USA’s President. “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 denying the charges. The statement read, “Fila has reviewed the allegations in Vibram’s 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.”
