Sports Trader November 2014

Page 8

p6 :: Industry

Companies on the move Nefdt rejoins family agency

Converse sues 31 brands

GUSTAV NEFDT has rejoined his father’s agency, Martin Nefdt Agencies, the Eastern Cape agent for Puma. Nefdt, who was previously Merrell brand director at local distributor Medicus Shoes, has been working in the athletic footwear industry for all of his working life. After obtaining a national diploma in marketing management from the Nelson Mandela Metropolitan University in 2001, he joined his father, Martin, the legendary agent who represented Puma in the Eastern Cape. Apart from a brief spell at Puma SA’s headquarters in Cape Town to relieve a staff member on maternity leave, Gustav had been mentored and schooled by his father in the art of selling and marketing footwear. He joined Medicus Footwear in 2007 when they asked him to become brand coordinator for all their brands. It was the kind of

FOOTWEAR TRADING, the South African distributor of Skechers and Fila, says the Converse lawsuit in the US against 31 brands (including Fila and Skechers) for allegedly infringing the Chuck Taylor All Star trademark, is a US issue with no impact in South Africa, at this time. Until judgement is made, US retailers and wholesalers will also continue to sell the affected brands, as many legal commentators in the US doubt that Converse will win this complicated lawsuit, they say. Converse wants to stop the sale of the products that they claim are infringing on trademarks that cover the look of the sneaker – e.g. the toe cap, toe bumper and side strip, and the diamond pattern on the sole. Converse say they have served about 180 cease and desist letters to retailers and wholesalers since 2008. The South African distributors, Skye Distribution, also warned local retailers and the trade press about supporting counterfeit and copy product. Since the launch of Converse All Star and Jack Purcell in South Africa over 40 years ago, not one case about “passing off” had gone to court, citing the same legal grounds as in the US, Footwear Trading points out. This is despite the fact that hardly any sneaker brand on sale in South Africa does not have a style that contains some (or all) the design features of the Converse All Star. Registered designs and trademarks are only valid in the country in which they had been filed. In South Africa, an aesthetic design must be registered within 6 months of the release date of the product and the maximum

challenge and opportunity that don’t come by a second time and he left his father’s agency to manage their five international brands. The brands subsequently grew so much that they had to be split in two divisions and Nefdt became responsible for Merrell, Patagonia, a niche surfing brand from the US, and Sebago, a yachting footwear brand.

Crocs sued for hogging the market DAWGS INC. is suing Crocs Inc. in Nevada for “monopolisation of the market for ethyl vinyl acetate (EVA) fully moulded ventilated clogtype casual shoes in the United States”. They accuse Crocs of anticompetitive actions and monopolistic conduct because they filed so many patents — some fraudulently obtained — and then instituted sham lawsuits to “litigate its competition out of the market”. They claim that this violates antitrust laws and secured Crocs more than 90% of the market.

Adshade joins Billabong SA STEVE ADSHADE will be joining Billabong SA as their Cape Town based sales agent for the Western Cape, Northern Cape and Namibia from 1 December 2014. Adshade, a top surfer, will be responsible

Under Armour second highest US sales UNDER ARMOUR has passed adidas as the brand with the second highest sales in the US market. Nike remains in the top position with an annual US turnover of $8.9-bn, while Under Armour’s US sales grew 20% to $1.2-bn, followed by adidas with annual turnover of $1.1-bn.

for a number of brands, including Billabong, Element, Vonzipper, Dot Dash, Kustom, Dakine, Palmers, Sector 9 and Xcel. Tyron Kansley from the Cape Town team will continue representing the agency and the brands under Adshade’s guidance and leadership. “His (Adshade) industry experience and positive energy will ensure that we retain and further improve our position in a key territory for our business,” says Billabong SA general manager, Ernest Bendema. He will replace Billabong Cape Town agent Wesley Zondagh, who moved to the US.

Sports Trader :: 2014 November

duration of the protection of an aesthetic design is 15 years from the release of the product. Converse introduced the All Star in 1917, which was later renamed the Chuck Taylor, sporting the same design. If the design had been registered in South Africa in 1917, protection would have lapsed in 1932. A South African trademark registration affords the owner the right to prevent the unauthorised use by another party of an identical, or confusingly similar, trademark, explains the SABS publication Your Guide to Intellectual Property Rights in South Africa. One of the South African sneaker brands, which Converse accuses of copying their All Star design, had a local trademark granted for their A1 sneaker in 1992. Similarly, Skye Distribution had a trademark registered for their Polo range, with the horse facing the opposite direction of the Ralph Lauren logo. The American lawsuits would be followed closely by shoe brands across the globe — especially brands like Superga, founded in 1911 in Italy, whose iconic 2750 vulcanised rubbersoled sneaker with toe bumper and side strip became known as “the shoe of Italy” and Vans, which introduced the first slip on sneaker in 1979.

Kappa’s first SA concept store

KAPPA SA has opened their first soccer concept store at the Woodmead Value Mart in Johannesburg. The opening as celebrated in style and attended by celebrities, fans and Kappa sponsored PSL teams such as Bidvest Wits, Bloemfontein Celtic, SuperSport United and AmaZulu. A section of the store features mannequins wearing these team kits, as well as replicas that can be purchased. The store also has a history wall that features details of older team kit and display cabinets that show off some of the kit. The addition of an indoor soccer field also adds to the soccer atmosphere.


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