In a move to protect the proprietary technology and design of its Merrell(R) footwear brand, Wolverine World Wide, Inc. has filed a patent infringement suit against Harbor Footwear Group and Kohl’s, Inc.

The federal lawsuit, filed in U.S. District Court of Western Michigan, alleges that New York-based Harbor Footwear and national retailer Kohl’s willfully violated Merrell design patents by copying and selling three of Merrell’s more popular styles, including its best-selling Jungle Moc. The lawsuit seeks a permanent injunction against Harbor Footwear and Kohl’s, as well as unspecified monetary damages.

“Merrell has evolved into a global brand, offering a broad range of innovative and technically superior performance outdoor and active lifestyle footwear,” said Jacques Lavertue, president of Wolverine’s Outdoor Group. “Since Wolverine World Wide acquired Merrell, we have invested significant time and resources to grow and foster this brand on a global basis. Today, these investments are returning strong results for both Merrell and our retail partners, and we fully intend to protect them.

“While the footwear community typically respects the creative rights and the intellectual property developed by other companies, some in our industry find it easier to copy successful patterns rather than develop their own styles. Merrell will not tolerate the violation of our innovative and proprietary designs, and will aggressively defend our intellectual property through the courts.”

Merrell holds more than 170 design patents, with an additional 120 pending approval, that protect the unique designs of its footwear styles. The lawsuit alleges that Harbor Footwear and Kohl’s have “systemically and repeatedly” copied these patented designs, creating confusion on the part of potential buyers and siphoning sales away from Merrell and its retail partners.

The footwear styles highlighted in the lawsuit include:

  • The patented Merrell Jungle Moc, which Harbor Footwear and Kohl’s are selling under the GBX brand as two different styles of “Rainier.”
  • The patented Merrell Jungle Slide, which Harbor Footwear and Kohl’s are selling under the GBX brand as the “Trail Clog.”
  • The patented Merrell Winter Moc, which Harbor Footwear and Kohl’s are selling under the GBX brand as the “Trail Sport.”

“The products identified in our lawsuit point to a pattern of copying our innovative and successful Merrell products by Harbor Footwear,” Lavertue said. “We included Kohl’s in this suit because we believe it is the obligation of retailers and their buyers to ensure they are dealing with reputable footwear companies that develop their own styles and patterns.

“We hope this lawsuit will be a wake-up call to manufacturers, wholesalers and retailers and let them know there is a price to pay for illegally profiting from the sale of knock-off products.”

When Wolverine acquired Merrell in 1997, the company had sales of approximately $22 million, primarily to outdoor enthusiasts who appreciated the brand’s technical performance characteristics. Wolverine has invested heavily over the past seven years to design and develop new styles, creating the “after sport” category with the introduction of its popular Jungle Moc and Jungle Slide products while maintaining its leadership position in performance outdoor footwear.

Expanded marketing initiatives have helped the brand grow well beyond its traditional audience, including its newly launched Continuum(TM) concept built on the brand’s history of innovation.

Today, Merrell is widely recognized as one of the world’s leading designers of technically superior performance outdoor and active lifestyle footwear. Sales exceeded $220 million in 2003, with more than 8 million pairs sold throughout the world.

“We have a duty to our investors, retailers and customers to protect our proprietary designs and innovative technology, which serve as the backbone of our continued growth,” Lavertue said. “We will pursue litigation to defend our patented intellectual property wherever necessary in the United States and around the world.”