Shoe brand Kizik has filed a lawsuit against Skechers in the US, accusing it of infringing Kizik’s patents and designs through the sale of its popular hands-free “slip-in” line.
HandsFree Lab (HFL), the parent company of Kizik, filed the lawsuit on 24 July at the US District Court for the Eastern District of Texas accusing Sketchers of “knowingly and wilfully” infringing four HFL utility patents and two design patents through the sale of Sketchers’ slip-in line that includes the Arch Fit, Max Cushioning and Ultra Flex products.
Advised by Boies Schiller Flexner, HFL says the four patents “protect core mechanical innovations that enable true hands-free shoe entry, as well as two HFL design patents, which protect ornamental innovations”.
In the 22-page complaint, HFL alleges that the Skechers lines build on its patented technologies, but that the sneaker giant never invested in the technology or paid a licence for the use of its innovation. It says Skechers launched its own hands-free line without licensing or acknowledgment, instead promoting its “Heel Pillow” system as proprietary and “exclusive”.
Ryan Dykal, Washington DC-based partner at Boies Schiller Flexner and lead counsel for HFL, said: “This case is about protecting meaningful, functional innovation, the kind that transforms how people live, and ensuring that companies who invest in inventions aren’t punished for doing so.”
HFL holds a global IP portfolio of more than 200 issued and pending patents covering multiple proprietary hands-free footwear systems, including its Cage and Flex Arc technologies.
Since 2019, HFL has licensed its technologies to partners, including Nike. However, according to HFL, Skechers did not “invest in this research, engineering, and design”.
Skechers executives have repeatedly touted the success of slip-ins as a key growth driver, crediting the technology with boosting sales, consumer engagement and stock performance.
According to the complaint, Skechers hands-free, slip-ins now account for around 35% of the products listed on its website. The line’s “astonishing growth recently fuelled a windfall $9.42bn acquisition announcement”. In May, global investment firm 3G Capital acquired Skechers for a deal valued at around that amount.
Gareth Hosford, CEO of HFL, said: “This isn’t just a product Skechers copied, it’s a category we created.”
He added: “We’re now forced to defend that work against a company that chose to imitate rather than innovate.”
Responding to the suit, Skechers said that Kizik’s allegations are "baseless".
Michael Greenberg, president of Skechers, stated: “The timing of this lawsuit is curious, coming on the heels of Skechers announcing a $9.42 billion merger with 3G Capital. Kizik asserts that, ‘at the heart of Skechers’ hands-free shoes’ are Kizik’s patented technologies, yet Skechers has been advertising and selling its Slip-ins since December 2021 without so much as a letter from Kizik."
He added: "Skechers invests tremendous resources into research and development to introduce its own fresh, unique and exciting footwear to customers year in and year out and will continue to do so, undeterred by transparent litigation efforts to thwart competition. We will aggressively challenge both the validity of the patents and the infringement claims.”
HFL is seeking damages and injunctive relief preventing Skechers from selling the allegedly infringing products.
The full Boies Schiller Flexner team includes partners Ryan Dykal, Eric Maurer and Joshua Schiller.
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