K-Swiss (KSWS) Announces Details of Settlement Agreement with Payless ShoeSource

June 27, 2008 7:46 AM EDT

K-Swiss (Nasdaq: KSWS) today announced the settlement of alleged trademark and trade dress infringement, trademark dilution, unfair competition and breach of contract claims against Payless ShoeSource, a part of Collective Brands (NYSE: PSS). The Settlement Agreement provides for the following:

  1. Payless agrees to refrain from making, advertising, promoting or selling footwear confusingly similar to that sold by the Company, including footwear that bears the Company’s trademark or trade dress (these restrictions will be incorporated in a consent decree and permanent injunction the parties have agreed to file with the Court)
  2. for the period beginning June 24, 2008 through December 31, 2008, Payless may sell-off existing inventory that is the subject of the Company’s claims
  3. Payless will pay to the Company $30 million in cash on or before July 1, 2008 in payment of compensatory damages claimed by the Company from Payless’ advertising, promotion and sale of certain footwear
  4. mutual releases between the parties regarding certain claims, and
  5. certain other provisions customarily contained in similar agreements, including that neither party admits liability to the other.
K-Swiss, Inc., together with its subsidiaries, engages in the design, development, and marketing of athletic footwear for sports use, fitness activities, and casual wear.


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KSWS 8.24

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PSS 20.63

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Comments

payless
mark a5b on Feb 21, 2009 12:07 AM

Mark A5b by conducting early bird meetings about CSATs forcing managers to call for their own service coupons...This is why this company is having bad times, DM's like him does not deserve where they sit....

Stealing
Micheal H. on Feb 21, 2009 12:01 AM

PSS has been imitating most of the brand shoes and these are best sellers...so 30 million is even not enough:)))


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