You know us as Old Friend Footwear, but our parent company name is Australia Unlimited, and we’re delighted to announce that Australia Unlimited’s 4-year fight to protect its NothinZ ergonomic shoe is coming to an end.
Yes, the long-running legal dispute between shoemakers Crocs, Inc. and Kent, Washington-based Australia Unlimited, Inc. is over.
Crocs™ and Australia Unlimited, maker of the NothinZ™ lightweight ergonomic clog, agreed to settle all outstanding litigation between the parties by filing for dismissal of all claims and counterclaims. The agreement was filed August 5 in the U.S. District Court in Colorado. The terms of the agreement were not disclosed. (Australia Unlimited markets the lightweight foam shoe NothinZ™ under the Old Friend Footwear® brand.)
Crocs had claimed breach of contract and patent and trade dress infringement, while Australia Unlimited sought damages relating to its NothinZ foam shoe brand. Australia Unlimited’s claims against Crocs included declarations of non-infringement of patent and trade dress, breach of contract and violations of anti-trust laws.
The settlement between the two shoemakers comes four years after Crocs filed complaints against several companies, including Australia Unlimited, contending the companies were infringing on Crocs’ patents for lightweight resin clogs. Kent small businessman Jim Klavano, president of Australia Unlimited, then countersued Crocs.
Klavano said he is satisfied with the recent resolution. From the beginning he’s asserted his company never violated any patents and that he sells a unique product designed for performance and comfort, Klavano said.
“We will continue to market our unique, patented diamond clogs and shock-absorbing footwear worldwide,” he said. “Australia Unlimited’s NothinZ brand offers a distinctive ergonomic, correct fit design with thick, rebounding heels and melting arches.”
With the settlement, Klavano said he’s eager to get his NothinZ brand lightweight clogs into the hands of people for whom these shoes can really do some good. “We plan to service our niche in the market for a long time,” he said.
See the full press release at http://www.oldfriendfootwear.com/oldfriend_pr_2009-08-17.php.
