Nike Versus New Balance: Trade Policy in a World of Global Value Chains
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Case No. 11MCV ^4
Case 1:09-cv-01024-LO-TCB Document 1 Filed 09/10/09 Page 1 of 34 PageID# 1 FILED IN THE UNITED STATES DISCTRICT COURT EASTERN DISTRICT OF VIRGINIA II? 10 \- CLl".'. Erik B. Cherdak 149 Thurgood Street Gaithersburg, Maryland 20878 Plaintiff', Pro Se, Case No. 11MCV ^4- v. COMPLAINT FOR PATENT INFRINGEMENT SKECHERS USA, INC. JURY TRIAL DEMANDED 228 Manhattan Beach Blvd. Manhattan Beach, California 90266 Defendant. SERVE ON: CORPORATION SERVICE COMPANY 11 South 12th Street P.O. Box 1463 Richmond, VA 23218-0000 COMPLAINT Plaintiff Erik B. Cherdak1 (hereinafter "Plaintiff or "Cherdak"), Pro Se, and in and for his Complaint against SKECHERS USA, INC. (hereinafter "SKECHERS"), and states as follows: JURISDICTION AND VENUE 1. This is an action for Patent Infringement under the Laws of the United States of America and, in particular, under Title 35 United States Code (Patents - 35 1 While Plaintiff Cherdak is not licensed to practice law in Virginia, he is a registered patent attorney before the U.S. Patent and Trademark Office. Case 1:09-cv-01024-LO-TCB Document 1 Filed 09/10/09 Page 2 of 34 PageID# 2 USC § 1, et seq.). Accordingly, Jurisdiction and Venue are properly based under Sections 1338(a), 1391(b) and (c), and/or 1400(b) of Title 28 of the United States Code. 2. Plaintiff is an individual who resides in Gaithersburg, Maryland at the address listed in the caption of this Complaint. At all times relevant herein, Plaintiff has been and is the named inventor of U.S. Patent Nos. 5,343,445 (the '445 patent) and 5,452,269 (the '269 patent) (hereinafter collectively referred to the "Cherdak patents," which were duly and legally issued by the U.S. -
Shoes Approved by World Athletics - As at 01 October 2021
Shoes Approved by World Athletics - as at 01 October 2021 1. This list is primarily a list concerns shoes that which have been assessed by World Athletics to date. 2. The assessment and whether a shoe is approved or not is determined by several different factors as set out in Technical Rule 5. 3. The list is not a complete list of every shoe that has ever been worn by an athlete. If a shoe is not on the list, it can be because a manufacturer has failed to submit the shoe, it has not been approved or is an old model / shoe. Any shoe from before 1 January 2016 is deemed to meet the technical requirements of Technical Rule 5 and does not need to be approved unless requested This deemed approval does not prejudice the rights of World Athletics or Referees set out in the Rules and Regulations. 4. Any shoe in the list highlighted in blue is a development shoe to be worn only by specific athletes at specific competitions within the period stated. NON-SPIKE SHOES Shoe Company Model Track up to 800m* Track from 800m HJ, PV, LJ, SP, DT, HT, JT TJ Road* Cross-C Development Shoe *not including 800m *incl. track RW start date end date ≤ 20mm ≤ 25mm ≤ 20mm ≤ 25mm ≤ 40mm ≤ 25mm 361 Degrees Flame NO NO NO NOYES NO Adidas Adizero Adios 3 NO YES NO YES YES YES Adidas Adizero Adios 4 NO YES NO YES YES YES Adidas Adizero Adios 5 NO YES NO YES YES YES Adidas Adizero Adios 6 NO YES NO YES YES YES Adidas Adizero Adios Pro NO NO NO NOYES NO Adidas Adizero Adios Pro 2 NO NO NO NOYES NO Adidas Adizero Boston 8 NO NO NO NOYES NO Adidas Adizero Boston 9 NO NO NO -
Choosing Shoes
Choosing Shoes With each step you take, the shoes you wear impact the joints and muscles of your feet, ankles, knees, hips, and spine. Pain and injury can be avoided by wearing the proper shoe for your body and foot type, especially when you participate in play and athletic activities. Your doctor or physical therapist will watch the way you walk to identify your body and foot type. The alignment of your foot while standing, walking or running may be described as “neutral”, “flat” or “rigid”. Neutral (“normal”) means that the inside border of your foot curves slightly off the floor when standing, creating a visible arch. When walking, your heel strikes the ground first, followed by the middle section of your foot, and finally pushing off with all of your toes. Flat means that the inside border of your foot nearly or completely touches the floor when standing. When walking your foot is too flexible. You push off from the inside border of your foot and big toe. This is also called “overpronation”. Rigid means that your weight is on the outside border of your foot when standing and walking. When you walk your foot is not flexible enough to provide shock absorption. This is also called “supination”. Choosing the proper shoe for your foot type will keep your foot and body better supported when walking and playing. If you have an injury or pain, it is vital you wear proper footwear during your athletic activities (including PE class and physical therapy sessions). It is best if you wear good shoes all day long! Specialty athletic/running shoe stores will be best equipped to help you find the right shoes for your foot type (try A Snail’s Pace or Road Runner Sports). -
Sportswear Industry Data and Company Profiles Background Information for the Play Fair at the Olympics Campaign
View metadata,citationandsimilarpapersatcore.ac.uk Sportswear Industry Data and Company Profiles Background information for the Play Fair at the Olympics Campaign Clean Clothes Campaign March 1, 2004 provided by brought toyouby DigitalCommons@ILR 1 CORE Table of Contents: page Introduction 3 Overview of the Sportswear Market 6 Asics 24 Fila 38 Kappa 58 Lotto 74 Mizuno 88 New Balance 96 Puma 108 Umbro 124 Yue Yuen 139 Li & Fung 149 References 158 2 Introduction This report was produced by the Clean Clothes Campaign as background information for the Play Fair at the Olympics campaign, which starts march 4, 2004 and aims to contribute to the improvement of labour conditions in the sportswear industry. More information on this campaign and the “Play Fair at Olympics Campaign report itself can be found at www.fairolympics.org The report includes information on Puma Fila, Umbro, Asics, Mizuno, Lotto, Kappa, and New Balance. They have been labeled “B” brands because, in terms of their market share, they form a second rung of manufacturers in the sportswear industries, just below the market leaders or the so-called “A” brands: Nike, Reebok and Adidas. The report purposefully provides descriptions of cases of labour rights violations dating back to the middle of the nineties, so that campaigners and others have a full record of the performance and responses of the target companies to date. Also for the sake of completeness, data gathered and published in the Play Fair at the Olympics campaign report are copied in for each of the companies concerned, coupled with the build-in weblinks this provides an easy search of this web-based document. -
New Balance Athletic Shoe, Inc. Case 9-606-094
WENTWORTH INSTITUTE OF TECHNOLOGY New Balance Athletic Shoe, Inc. Case 9-606-094 MGMT 280-5 Daniel Kinchla, Daniella Mangakis, Ryan Welsh, Shirish Singh 3/20/2012 Analysis on Manufacturing, Sales, and Distribution Process of New Balance. I. Key Facts A. Players 1. Main Characters or companies Jim Davis and Anne Davis William J. Riley –Founder of New Balance Arthur Hall –Partner of William J. Riley Eleanor and Paul Kidd Herb Spivak –Executive Vice President of Operations Jim Tompkins –President and Chief Operating Officer John Withee –Chief Financial Officer Paul Heffernan – Executive Vice President of Global Marketing Fran Allen –Executive Vice President for Sales and Service John Wilson –Vice President for Manufacturing 2. Competitors Nike Reebok Adidas-Salomon Puma Vans K-Swiss Stride-Rite 3. Partners: Chinese Suppliers B. Financial Performance Jim bought the company for US$ 100,000 and within two years sales grew from $100,000 to $300000.In 1982, the company reached $60million in sales. Other Statistics: New Balance Worldwide sales; $ 1,500 million New Balance US Athletic Footwear sales: $ 1,022 million New Balance US Athletic Media Expenditure: $10.9 million C. Timeline of the Case. 1906 –Foundation of New Balance Arch by William J. Riley . 1934 –Riley partnered with Arthur Hall . 1954 –Hall sold the business to Eleanor and Paul Kidd . 1961 –Trackster Launched . During 60’s –Popularity of New Balance’s reputation for manufacturing innovative performance footwear grew . 1972 –Jim committed himself to uphold the company’s founding values . 1978 – Anne joined New Balance New Balance’s First international sales office and first European manufacturing facility opened . -
Purchase Officials Supplies of Pennsylvania
Purchase Officials Supplies of Pennsylvania “The OFFICIAL Supplier for PIAA Sports Officials” W Cliff Keen Shirts Fox 40 Whistles McDavid Cliff Keen Umpire Sansabelt Slacks Undergarments Apparel New Balance New! Reebok New! ProNine Wilson Umpire Spot-Bilt Shoes Court Shoes Patent Leather Umpire Equipment Equipment Please take a moment to check out our new 2004-2005 Officials Brochure. You will notice that we carry a wide variety of officiating uniforms and equipment from all the respected manufacturers shown above and many more. As you will see, we are very committed to assisting you in looking and feeling your best every time you walk onto the field to officiate a game. So why should you choose Purchase Officials Supplies of PA? Friendly and knowledgeable customer service Same-day shipping on most orders Competitive prices Discounted starter packages for new officials Variety of exclusive “PIAA Official” apparel. We offer PIAA and US Flag Patches sewn on all uniform shirts Call us at 1-800-934-4555 or (412) 835-7210 or e-mail us at [email protected] Store Hours (August 1, 2004 through April 31, 2005) Monday: 12pm-7pm, Tues, Wed, Thurs, Fri: 12pm-5pm, Saturday: 10am-1pm Note: Our store will be open at 10:00am Monday thru Friday for our walk-in customers. We will also have limited summer hours in May thru July. Please call the store before visiting during this time. Purchase Officials Supplies of PA “The OFFICIAL Supplier for PIAA Sports Officials” 2004-2005 FOOTBALL, SOCCER, VOLLEYBALL LACROSSE & FIELD HOCKEY SUPPLIES Store Hours (August 1, 2004 through April 31, 2005) Monday: 12pm-7pm, Tues, Wed, Thurs, Fri: 12pm-5pm, Saturday: 10am-1pm Note: Our store will be open at 10:00am Monday thru Friday for our walk-in customers. -
Apparel Industry Trends from Farm to Factory
APPAREL INDUSTRY TRENDS FROM FARM TO FACTORY FREE2WORK: THE STORY BEHIND THE BARCODE THE STORY BEHIND THE BARCODE: APPAREL INDUSTRY TRENDS FROM FARM TO FACTORY 2012 FREE2WORK, a project of This Apparel Industry Trends report was funded in whole by Lead Author: Haley Wrinkle, Free2Work Senior a grant from the United States Researcher Department of State. The opin- Co-Authors: Elin Eriksson and Adrienne Lee ions, findings, and conclusions International Labor Rights Design: Dwight Gilberg and Haley Wrinkle stated herein are those of the Forum advises the Free2Work author and do not necessar- program. We would like to ily reflect those of the United thank ILRF for its contributions States Department of State. to this report. 1 Introduction | Apparel Industry Trends highly visible to companies and where workers have a voice to negotiate working conditions and speak out against grievances. Two decades ago it was standard practice for an apparel company to publicly deny any responsi- bility to workers in its supply chain. After years of worker and consumer activism, the debate has As the Clean Clothes Campaign has stressed, these components will likely only create positive shifted and a number of companies have now developed extensive corporate social responsibility impact if used in conjunction.2 For example, a company can have strong written policies against (CSR) programs. A handful of companies are using these systems to facilitate positive changes modern slavery and gather information about supplier working conditions through in-depth moni- for workers. With Free2Work statistical data, we present an overview of apparel companies’ toring, but unless it uses these standards and information to correct grievances, we would not current range of responses to arguably the most egregious ongoing abuse of workers: modern expect it to create impact. -
ESTTA807292 03/15/2017 in the UNITED STATES PATENT and TRADEMARK OFFICE BEFORE the TRADEMARK TRIAL and APPEAL BOARD Proceeding 9
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA807292 Filing date: 03/15/2017 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92065219 Party Plaintiff Highline United, LLC Correspondence LEONARD N BUDOW Address FOX ROTHSCHILD LLP 997 LENOX DRIVE BLDG 3 LAWRENCEVILLE, NJ 08648-2311 UNITED STATES [email protected], [email protected] Submission Motion to Suspend for Civil Action Filer's Name Michael Leonard Filer's e-mail [email protected] Signature /michael leonard/ Date 03/15/2017 Attachments Highline_s Motion to Suspend _482 Reg. proceeding.pdf(214864 bytes ) EXHIBIT 1 - Highline_s Petition for Cancellation of 112 Registra- tion.pdf(2606792 bytes ) Segment 001 of EXHIBIT 2 - Converse_s ITC Complaint.pdf(5226274 bytes ) Segment 002 of EXHIBIT 2 - Converse_s ITC Complaint.pdf(3794581 bytes ) EXHIBIT 3 - Converse Petition for Review CAFC.PDF(49845 bytes ) EXHIBIT 4 - Order granting HU Liquidation_s Motion for Leave to Inter- ven.pdf(80734 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In The Matter Of Registration No. 4,065,482 For The Design Mark: Registered: December 6, 2011 HIGHLINE UNITED, LLC, Cancellation No. 92065219 Petitioner, v. CONVERSE, INC., Registrant. PETITIONER HIGHLINE UNITED, LLC’S MOTION TO SUSPEND THE PROCEEDING PENDING A FEDERAL CIRCUIT APPEAL I. INTRODUCTION Pursuant to TBMP § 510.02(a), Highline United, LLC (“Highline” or “Petitioner”) hereby moves to suspend this proceeding. HU Liquidation, LLC (f/k/a Highline United, LLC (“Highline United”)) and Registrant Converse, Inc. (“Converse” or “Registrant”) are presently litigating an appeal in the United States Court of Appeals for the Federal Circuit on a mark that is very similar to the mark at issue here. -
Li-Ning Sporting Goods Company
Li-Ning Sporting Goods Company Team 1: Andrea Plotts, Doug Teixeira, and Shawn Rembecky Team 2: Kristina Allegretta, Lauren Speirs, and Evan Surgan MKT440 International Marketing April 14, 2011 Agenda 1. Li-Ning, Humble Beginnings 2. Industry Structure 3. Competition 4. Company Structure 5. Case Data 6. Problems and Opportunities 7. Conclusion 2 Li Ning b. September 8, 1963 in Liuzhou, Guangxi Industry Structure Industry Structure Industry: Sporting Goods (sports footwear, sports apparel and sports equipment. Product Category Segment • Sports Shoes • Badminton • Sportswear • Tennis • Fitness Equipment • Outdoor Sports • Other Sports Goods • Skiing • Bicycle • Fishing • Basketball • Diving • Football • Golf 5 Industry Structure Market Share • Market Share in 2008 – Nike and Adidas – 28.8% – Li Ning – 9.5% • In 2010, the scale of the Chinese Sporting Goods market reached 106.1 billion • Market Share in 2010 – Li Ning – 8.3% 6 Industry Structure Brands Brands – Li-Ning – Double Happiness – Lotto brand – Aigle – Z-Do – Kason • In 2009, the five brands contributed revenue to Li Ning but were still inferior to the brand “Li Ning”. 7 Industry Structure Geographical Coverage • USA = $118,996M • China – Eastern Region = $3.3B – Northern Region = $3.7B – Southern Region = $1.6B • Total Unit Sales = $8.73B • Distinctive Brands sold in other countries: – Lotto: Italy – AIGLE: France 8 Competition Competition Competing Firms and their respective brands • Nike, Inc • Adidas Group – Brands – Reebok – Adidas – Taylor Made • PUMA 10 Competition Firms and -
Taking a Closer Look at the Moral Fabric of Athletic Footwear an INDUSTRY ANALYSIS
Taking a Closer Look at the Moral Fabric of Athletic Footwear AN INDUSTRY ANALYSIS © 2020 Center for a Humane Economy. All Rights Reserved. SUMMARY Signicant developments in plant-based fabrics, plastics, and other synthetic products have spurred a sharp reduction in the amount of leather in footwear in the last decade, particularly in athletic shoes. The total number of shoes containing leather has declined by tens of millions in recent years. When you hear the name Stella McCartney, you might initially think of a high-end fashion show with models striding down the runway, cameras clicking, from New York to Paris to Milan. McCartney is also known for items suited to a dierent kind of runway — the track and eld kind. Her latest collection of shoes and athletic wear for adidas launched in March 2009, marking over a decade of collaboration between the fashion icon and the tness powerhouse. McCartney’s athletic wear line does not just strive for good-looking apparel. It’s also animal-friendly. Her line shuns leather, fur, feathers, wool, or other animal products. The McCartney brand equals cruelty-free. Adding to the sustainability credentials of these products, about 70 % of the fabrics McCartney uses come from recycled materials. Last year adidas released a cruelty-free shoe assembled with heat rather than glue that also addresses the international disposal of millions of pairs headed for landlls. According to Eric Leidtke, adidas’ executive board member responsible for global brands, “Futurecraft Loop is [the] rst running shoe that is made to be remade.” The key to its recyclability is the shoe’s design, which utilizes only a single ingredient – thermoplastic polyurethane – rather than the typical 12-15 materials which make recycling so dicult. -
New Balance Runs Ahead of the Competition with New Supply Chain Solutions
CUSTOMER CASE STUDY “Leveraging our supply chain is how we’ll separate ourselves from other footwear suppliers… Manhattan’s solutions will help us achieve our goal to create wholesale selling excellence and transform New Balance into a top-tier global brand.” Irene Mahoney, Distribution Services Manager New Balance New Balance is a Supply New Balance runs ahead LeaderChain of the competition with new Associates Headquarters: Boston, MA supply chain solutions Distribution centers: 2 New Balance Seeks Supply Chain Solutions to Increase Efficiency and Manhattan solutions: Customer Service Capability Warehouse Management, Supply Chain Intelligence, Slotting Optimization, Audit Payment & Claims ew Balance, a leading global athletic products company, manufactures and markets technically innovative and width-sized performance footwear and Napparel under a family of brands designed for the everyday athlete. The company operates two distribution centers (DCs)—Lawrence, Massachusetts, at 360,000 square feet and Ontario, Canada, at 650,000 square feet. Each DC has 135 employees and houses 30,000 SKUs with an average total volume of 24 million units Challenge: shipped per year across both DCs. Customer compliance challenges due to Faced with a warehouse management product that was no longer supported, major retailers getting more aggressive in chargeback programs; numerous New Balance was seeking a new supply chain partner who was an industry shipping compliance issues. leader and would be committed to staying the course. “We are a robust user of WM with a lot of MHE integration. A primary challenge was customer compliance. We supply many of the major retailers, which were getting more aggressive in their chargeback programs so we wanted to make every effort to give them the best possible service on the shipping side. -
UNITED STATES DISTRICT COURT DISTRICT of MASSACHUSETTS NEW BALANCE ATHLETICS, INC., Plaintiff, V. MICHAEL KORS (USA) INC., Defen
Case 1:21-cv-11305-NMG Document 1 Filed 08/11/21 Page 1 of 26 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS NEW BALANCE ATHLETICS, INC., Plaintiff, v. C.A. No. 21-cv-11305 MICHAEL KORS (USA) INC., JURY TRIAL DEMANDED Defendant. COMPLAINT 1. This is a trademark infringement case. Plaintiff New Balance Athletics, Inc. (“New Balance”) is a global footwear and apparel company. Defendant Michael Kors (USA) Inc. (“Michael Kors” or “Defendant”) is a global footwear and apparel company. 2. As described more fully below, New Balance has exclusively used the letter N as a trademark on footwear since the 1970s. New Balance has sold hundreds of millions of pairs of shoes bearing N Marks worldwide, which represent many billions of dollars in sales. It owns several federally registered and incontestable trademark registrations for the letter N on footwear and has strong common law and international rights in the same. The marks are famous and embody an enormous amount of goodwill—they are among the company’s most valuable assets. 3. N Marks appear on a wide range of New Balance footwear, from performance footwear to lifestyle footwear. For example: Case 1:21-cv-11305-NMG Document 1 Filed 08/11/21 Page 2 of 26 4. Defendant recently began using an N design on footwear that is virtually identical and confusingly similar to the New Balance N Marks: 5. Defendant’s use of a letter N on footwear: (i) is likely to cause confusion among consumers and/or suggest an affiliation, connection, or association between New Balance and Defendant; (ii) constitutes false designation of origin; and (iii) dilutes the distinctive quality of New Balance’s famous N Marks.