How this DTC brand is protecting itself against rising copycats

Since its 2017 founding, direct-to-consumer brand Kizik has sought to differentiate itself by touting its “hands-free” footwear. With their springy back ends, Kizik shoes allow wearers to step right in, no bending or hands required. However, as such slip-in shoes gain appeal, competitors, including Skechers, are also racing to capture their share of the market. Last week, Utah-based Kizik filed a federal lawsuit against footwear brand Drew Shoe alleging patent infringement. The lawsuit, filed in the Southern District of Ohio, pushes farther than how the DTC brand has reacted to copycats in the past. “It’s actually validating that competitors are coming out of the woodwork, but we spent years and invested millions of dollars in building and patenting a broad, comprehensive portfolio of hands-free footwear technology,” said Monte Deere, Kizik’s CEO, noting that the company has 200 granted and pending patents. “We are going to enforce our rights under patented technology.” Check out the latest Ad Age events and award programs In its lawsuit, Kizik alleges that Drew’s new line of hands-free footwear, and its associated campaign, “trade off the goodwill and success embodied in Kizik’s well-known hands-free footwear technologies.” Side-by-side photo comparisons included in the lawsuit depict similar springy webbing on the heels of both brands’ shoes. In August, Drew posted an ad on its Facebook page advertising its shoes with copy that read “No bending, no tying, no touching, no kidding.” Kizik is asking for an injunction halting Drew’s sale of the shoes as well as an award of “reasonable royalty” for damages suffered. Drew Shoe did not immediately reply to a request for comment. More from Ad Age: How marketing could fuel Nike’s comeback As part of its patent-centric brand strategy, Kizik welcomes the licensing of its technology to interested brands, Deere noted. For example, Nike has been licensing Kizik’s innovations since 2019. The sportswear giant also has a minority stake in Kizik. In addition, Kizik licenses its tech to Original Footwear, which makes shoes for first responders, the military and law enforcement personnel. “We have spoken with product development teams in several different footwear companies,” Deere said. More competition Kizik is not the only brand touting hands-free footwear patents. Skechers is a regular advertiser—including during the Super Bowl in both 2023 and 2024—of its slip-in options, which it has also begun to protect legally. Earlier this month, Skechers filed a complaint against Marc Fisher Holdings and Authentic Brands Group for slip-ins offered by the Rockport shoe brand. In July, Skechers sued L.L. Bean for a specific heel design. Deere declined to comment on Skechers specifically. “We are deeply aware of our competition and we’ll continue to monitor competition and take the necessary steps to protect our patent rights,” he added. As it looks to cement its future and grow its business beyond the $100 million in sales it generated last year, Kizik is planning a holiday marketing campaign. The brand, which works with Yard NYC, recently hired Elizabeth Drori from Sperry as chief marketing officer. It will soon promote a new 12-inch-tall boot with a “Step in, step outside” campaign. Kizik also plans to double its store fleet to six outposts by year’s end, Deere said. “We intend to tell the world that we make better hands-free shoes,” he said. See Ad Age’s 2024 Breakout Brand Leaders and Work here

How this DTC brand is protecting itself against rising copycats

Featured Stories