Manhattan Beach, CA–Skechers USA is suing Sears Holding Corp, for selling footwear it claims infringes on patents and trademarks including the Twinkle Toes and Z-Strap brands and the Shape-ups toning range.
Sears Holdings is selling the products at its Sears and Kmart’s stores and websites under the TheraShoe, Melrose Avenue, Paris Blues and Athletech labels, claims the lawsuit filed U.S. District Court, Central District of California (Los Angeles). Sears and Kmart also sell Skechers shoes, according to their websites.
“We have obtained more than 150 patents and trademarks on these lines, and have built them into brand names universally recognised around the world as synonymous with Skechers,” explains the footwear firm’s general counsel Philip Paccione.
“While we value our relationship with Sears, their actions are causing us tremendous damage, and we simply cannot let any company, let alone a company the size of Sears, infringe on our most valuable intellectual property.”
Skechers is seeking monetary damages and a court-ordered prohibition of the sale of the products.
Kimberly Freely, a spokeswoman for Hoffman Estates, Illinois-based Sears Holdings, said, “We don’t comment on pending litigation,”