throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1174234
`11/22/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91249645
`
`Plaintiff
`Caterpillar Inc.
`
`CHRISTOPHER P FOLEY
`FINNEGAN HENDERSON FARABOW GARRETT & DUNNER LLP
`901 NEW YORK AVENUE NW
`WASHINGTON, DC 20001-4413
`UNITED STATES
`Primary Email: docketing@finnegan.com
`Secondary Email(s): christopher.foley@finnegan.com,
`naresh.kilaru@finnegan.com, laura.johnson@finnegan.com, TTAB-Leg-
`al-Assistants@finnegan.com
`202-408-4000
`
`Plaintiff's Notice of Reliance
`
`Naresh Kilaru
`
`docketing@finnegan.com, christopher.foley@finnegan.com,
`naresh.kilaru@finnegan.com, laura.johnson@finnegan.com, TTAB-Leg-
`al-Assistants@finnegan.com
`
`/Naresh Kilaru/
`
`11/22/2021
`
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part1.pdf(4996841 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part2.pdf(5009657 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part3.pdf(4206466 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part4.pdf(5045375 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part5.pdf(4902159 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part6.pdf(4940571 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part7.pdf(5107321 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part8.pdf(5052633 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part9.pdf(5193769 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part10.pdf(5024276 bytes )
`2021.11.22 Caterpillar Notice of Reliance No. 10_Part11.pdf(5207637 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`CATERPILLAR INC.,
`
`Opposition No. 91249645
`
`v.
`
`PUMA SE,
`
`Opposer,
`
`Applicant.
`
`Application No.: 88157495
`Mark: SPEED CAT
`Application Date: October 16, 2018
`
`OPPOSER’S NOTICE OF RELIANCE NO. 10 UNDER 37 CFR § 2.122(e)
`
`Pursuant to Trademark Rule 2.122(e) and TBMP § 704.08, Opposer Caterpillar Inc.
`
`submits of record in connection with this opposition proceeding a representative sample of
`
`unsolicited articles from printed publications available to the general public in libraries, on the
`
`NEXIS database, and in publications of general circulation. See In re Cell Therapeutics, Inc.,
`
`67 USPQ2d 1795, 1798 (TTAB 2003).
`
`This evidence is relevant to the issues of likelihood of confusion and dilution, showing,
`
`among other things, the nature and extent of the public exposure that Opposer’s CAT brand
`
`has received for its footwear, apperal, and bag products over many years. As such, the evidence
`
`supports the strength and fame of the CAT mark.
`
`Publication
`
`Date
`
`Publication Title
`
`CATERPILLAR
`MAKES MARK IN
`FOOTWEAR
`WIDE VARIETY
`OF RUGGED
`FOOTWEAR
`STOMPS INTO
`STYLE; HIKING
`BOOTS ARE IN AS
`
`Exhibit
`No.
`1
`
`Chicago Tribune
`
`1994.03.03
`
`2
`
`Kansas City Star
`
`1994.11.27
`
`
`
`

`

`Exhibit
`No.
`
`Publication
`
`Date
`
`Publication Title
`
`3
`
`Detroit Free Press
`
`1996.01.13
`
`4
`
`Columbus Dispatch (Ohio)
`
`1997.09.02
`
`5
`
`6
`7
`
`ISHN
`
`Footwear News
`Footwear News
`
`2005.09.01
`
`2006.10.30
`2007.01.29
`
`8
`
`Footwear News
`
`2007.02.26
`
`9
`
`Brandweek
`
`2007.02.26
`
`10
`
`Footwear News
`
`2007.10.20
`
`11
`
`Occupational Hazards
`
`2008.03.01
`
`12
`
`Pipeline and Gas Journal
`
`2009.01.01
`
`2
`
`ATHELETES
`REDISCOVER
`GREAT
`OUTDOORS
`HUSH PUPPIES
`MAKE NOISE
`AROUND THE
`WORLD
`LICENSING, CAT
`BOOTS
`LUCRATIVE FOR
`WOLVERINE
`CAT’S OUT OF
`THE BAG; THESE
`WORK BOOTS
`ARE COOL
`FOOT
`PROTECTION
`SECOND SHIFT
`URBAN RENEWAL
`THIS FALL,
`DOWNTOWN
`SOPHISTICATES
`WILL BE PUSHING
`SHOES AND
`URBAN RENEWAL
`MEDIABANK:
`MATCH
`POINT…NEED
`FOR
`SPEED…GETTING’
`CHUCKY
`TOUGH CAT
`CLAWS
`WORK: BUZZ;
`COMFORT
`QUOTIENT…TOOL
`TIME…LADIES
`ONLY
`GEORGE
`HAYWARD: 35
`YEARS AND
`COUNTING
`NEW PRODUCTS
`
`

`

`Exhibit
`No.
`13
`
`Footwear News
`
`2009.04.13
`
`Publication
`
`Date
`
`Publication Title
`
`Footwear News
`14
`ISHN
`15
`16 Women’s Wear Daily
`(WWD)
`The New York Times
`
`17
`
`18
`19
`
`Seventeen
`Pierpont
`
`2009.10.12
`2011.12.01
`2012.02.13
`
`2014.01.23
`
`2014.11.01
`201108.12
`
`20
`
`Bloomhead
`
`0000.00.00
`
`21
`
`Business Insider
`
`2020.02.20
`
`22
`
`Business Wire
`
`2019.06.19
`
`23
`
`Equipment Journal
`
`2019.08.30
`
`24
`
`Footwear News
`
`2020.04.22
`
`25
`
`Footwear News
`
`2020.01.19
`
`3
`
`STIMULATING
`WORK
`SHOP TALK
`PRODUCT NEWS
`TODAY AT FN
`PLATFORM
`BUNKING WITH
`THE STARS
`COZY UP
`AVOIDING
`BRAND
`EXTENSION
`FAILURES
`BRAND
`EXTENSIONS –
`THE BENEFITS
`AND PITFALLS
`BEST WINTER
`BOOTS FOR SNOW
`BUILT FOR
`BETTER: CAT
`FOOWEAR
`DONATES BOOTS
`AND RESOURCES
`FOR ‘BUNKS
`ACROSS
`AMERICA’ EVENT
`CAT FOOTWEAR
`INTRODUCES
`EXCAVATOR XL
`WORK BOOTS
`SHOE OF THE
`WEEK: A WORK
`BOOT THAT
`KEEPS THING
`LIGHT (REALLY)
`CRAIG GREEN
`TAKES ON THE
`ADIDAS
`SUPERSTAR +
`MORE NEWS
`FROM PARIS
`MEN’S FASHION
`WEEK
`
`

`

`Exhibit
`No.
`26
`
`Forbes
`
`2017.11.20
`
`Publication
`
`Date
`
`Publication Title
`
`27
`
`Gadgets Now
`
`2020.01.09
`
`28
`
`GQ
`
`2019.03.19
`
`29
`
`GQ
`
`2016.09.27
`
`30 Maxim
`
`2019.03.21
`
`31
`
`PR Newswire
`
`2013.09.18
`
`32
`
`PR Web
`
`2018.12.11
`
`33
`
`Retail Merchandiser
`
`2014.03.24
`
`4
`
`THE BEST-KEPT
`SECRET OF
`BUSINESS
`GROWTH
`CAT S32 RUGGED
`PHONE
`LAUNCHED AT
`CES 2020
`CATERPILLAR,
`MAKER OF
`BULLDOZERS
`WANTS TO SELL
`YOU CHUNKY
`SNEAKERS NOW
`ROBERT
`PATTINSON’S $40
`FALL HOODIE IS
`ABOUT TO BLOW
`UP
`CATERPILLAR,
`MAKER OF
`BULLDOZERS
`AND TRACTORS,
`DROPS CHUNKY
`‘INTRUDER’ DAD
`SNEAKER
`CAT FOOTWEAR
`SIGNS ALEXI
`PANOS AND
`TENILLE AMOR
`AS
`EARTHMOVERS
`CAT FOOTWEAR
`INTRODUCES
`INDUSTRY’S
`FIRST GLOBAL
`WORK BOOT
`WITH D30
`‘INTELLIGENT
`SHOCK
`ABSORPTION’
`RETAIL
`SPOTLIGHTS –
`CATERPILLAR
`
`

`

`Exhibit
`No.
`34
`
`T3
`
`0000.00.00
`
`Publication
`
`Date
`
`Publication Title
`
`CAT S42 REVIEW:
`AN EXTRA
`RUGGED PHONE
`FOR AN
`AFFORDABLE
`PRICE
`HERON PRESTON
`AND
`CATERPILLAR
`REJOIN TO
`CELEBRATE "CAT
`POWER"
`HERON PRESTON:
`SPRING 2021
`READY-TO-WEAR
`BEST ONLINE
`SHOPS 2022
`CRISPIN TO HIT
`THE CITY
`STREETS FOR
`CATERPILLAR
`CAT FOOTWEAR
`MAKES A SCENE
`IN LOS ANGELES
`WITH SPRING
`STYLES
`EXTRA BUTTER IS
`GETTING ITS
`FIRST EVER BOOT
`COLLABORATION
`THESE CAT
`SNEAKERS ARE
`ALL OVER
`INSTAGRAM
`CAT FOOTWEAR
`DROPS ITS NEW
`SNEAKER
`SILHOUETTE
`USING AN
`UNEXPECTED
`SELLER
`HERON PRESTON
`TAPS CAT FOR A
`
`35
`
`
`36
`
`37
`
`38
`
`39
`
`40
`
`41
`
`42
`
`43
`
`Hype Beast
`
`2021.04.20
`
`Vogue
`
`Newsweek
`
`2020.09.30
`
`2021.00.00
`
`Ad Week
`
`1998.08.03
`
`Footwear News
`
`2016.09.16
`
`Footwear News
`
`2017.09.15
`
`Teen Vogue
`
`2019.02.28
`
`Footwear News
`
`2020.02. 28
`
`Hype Beast
`
`2020.10.09
`
`
`
`5
`
`

`

`Exhibit
`No.
`
`Publication
`
`Date
`
`Publication Title
`
`44
`
`45
`
`46
`
`47
`
`48
`
`49
`
`50
`
`51
`
`License Global
`
`2021.07.02
`
`The Drive
`
`2021.04.05
`
`Footwear News
`
`2019.09.13
`
`New York Magazine
`
`2020.09.02
`
`Chicao Tribune
`
`2021.08.10
`
`Hype Beast
`
`2021.01.25
`
`Esquire
`
`2019.09.25
`
`Men’s Health
`
`2021.03.02
`
`
`
`6
`
`TAKE ON THE
`STORMER BOOT
`CATERPILLAR:
`BUILDING
`BETTER WITH
`LICENSING
`THE BEST
`WATERPROOF
`WORK BOOTS
`(REVIEW &
`BUYING GUIDE)
`IN 2021
`CAT, ARIAT ARE
`LEADING AT
`WORK BOOT
`STORES AS
`COMFORT
`REMAINS A TOP
`PRIORITY
`THE BEST MEN’S
`WORK BOOTS,
`ACCORDING TO
`COOL
`CRAFTSMEN
`11 CASUAL SHOES
`FOR MEN YOU
`CAN WEAR
`ANYWHERE
`HERON
`PRESTON'S
`CATERPILLAR
`STORMER BOOT
`AND INTRUDER
`SNEAKERS ARE
`HERE
`JOHN ELLIOTT X
`CAT IS AN OUT-
`OF-LEFT-FIELD
`COLLAB THAT
`GENUINELY
`WORKS
`CAT’S NEW EDGE
`WORK BOOTS
`HAVE BIG
`
`

`

`Publication
`
`Date
`
`Publication Title
`
`Exhibit
`No.
`
`52
`
`SNEAKER
`ENERGY TO
`COMBAT
`CHRONIC PAIN
`DIRTY JOBS HOST
`MIKE ROWE WILL
`USE HIS FEET TO
`BE THE FACE OF
`ANOTHER
`MICHIGAN
`COMPANY
`REVIEW: WITH
`EXCAVATORXL
`BOOTS,
`CATERPILLAR
`IMPROVES
`FOOTBED, TOE
`BOX FOR
`DURABLE, ALL-
`DAY COMFORT
`PRETTY TOUGH: 7
`WOMEN’S
`WORKBOOTS
`THAT BRIDGE
`THE GENDER GAP
`THESE $125
`GUMBOOTS ARE
`THE ULTIMATE
`MUSIC FESTIVAL
`ACCESSORY
`THE BEST MEN'S
`SHOES FOR
`RAINY DAYS
`CAT FOOTWEAR
`REVIEW: ARE
`THESE DURABLE
`BOOTS
`VERSATILE
`ENOUGH FOR
`MULTIPURPOSE
`WEAR?
`CAT
`CONSTRUCTION
`TO OPEN POP-UP,
`
`MLive
`
`53
`
`2019.04.03
`
`Equipment World
`
`2018.09.01
`
`Footwear News
`
`2018.04.13
`
`Dmarge
`
`2019.11.23
`
`Business Insider
`
`2014.04.04
`
`Chicago Tribune
`
`2021.01.09
`
`54
`
`55
`
`56
`
`57
`
`58
`
`Racked New York
`
`2014.10.01
`
`
`
`7
`
`

`

`Publication
`
`Date
`
`Publication Title
`
`Exhibit
`No.
`
`59
`
`60
`
`Straatosphere
`Footwear News
`
`2015.04.26
`2019.04.11
`
`APPARENTLY
`DOES SHOES
`UPCLOSE WITH
`THE CAT CLASSIC
`SPRING/SUMMER
`2015 COLLECTION
`CAT FOOTWEAR’S
`NEW CUSTOMERS
`CARRY SCIENCE
`DEGREES, NOT
`HAMMERS
`ANDERSON
`COOPER’S MOST
`ADORABLE
`PICTURES WITH
`HIS SON, WYATT
`MORGAN
`25 POP CULTURE
`MOMENTS THAT
`MADE US SMILE
`IN 2020
`
`CAT FOOTWEAR
`
`SHOE OF THE
`WEEK: A WORK
`BOOT THAT
`KEEPS THINGS
`LIGHT (REALLY)
`CAT FOOTWEAR
`REVIEW: ARE
`THESE DURABLE
`BOOTS
`VERSATILE
`ENOUGH FOR
`MULTIPURPOSE
`WEAR?
`STOCKING
`STUFFERS THAT
`YOU NEED TO
`GET FOR HIM
`NOW
`
`61
`
`People
`
`2021.04.27
`
`62
`
`People
`
`2021.01.02
`
`63
`
`Aidan McKiernan
`
`64
`
`Footwear News
`
`2018.00.00
`
`2020.04.22
`
`65
`
`Chicago Tribune
`
`2021.01.09
`
`
`66
`
`Forbes
`
`2020.12.16
`
`
`
`
`8
`
`

`

`Publication
`
`Date
`
`Publication Title
`
`Exhibit
`No.
`67
`
`The Trend Spotter
`
`00.00.00
`
`
`20 BEST WORK
`BOOT BRANDS
`FOR MEN
`
`TIMBERLAND VS
`CATERPILLAR
`BOOTS: WHICH
`BRAND IS
`BETTER?
`CAT FOOTWEAR’S
`INSANELY
`POPULAR $100
`SNEAKER IS NOW
`AVAILABLE IN
`THE US FOR THE
`FIRST TIME
`WOLVERINE
`WORLD WIDE
`COMPANY
`ANALYSIS
`
`Heron Preston X Cat
`Collaborate On
`Rugged Stormer
`Boot And Intruder
`Shoe
`ENGINEERED FOR
`ORIGINALITY –
`Cat Footwear’s
`artistic campaign for
`AW20
`
`
`68
`
`Casual Geographical
`
`2020.12.18
`
`69
`
`Footwear News
`
`2018.12.05
`
`70 Wolverine World Wide
`
`2014.12.15
`
`71
`
`HypeBae
`
`2021.01.22
`
`
`72
`
`DSTNGR
`
`2020.09.14
`
`
`
`Dated: November 22, 2021
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/ Naresh Kilaru /
`Christopher P. Foley
`Naresh Kilaru
`Laura K. Johnson
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`901 New York Avenue N.W.
`Washington, DC 20001
`
`
`
`9
`
`

`

`Telephone: (202) 408.4000
`
`docketing@finnegan.com
`christopher.foley@finnegan.com
`naresh.kilaru@finnegan.com
`laura.johnson@finnegan.com
`TTAB-Legal-Assistants@finnegan.com
`
`Attorneys for Opposer
`Caterpillar Inc.
`
`10
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and accurate copy of the foregoing OPPOSER’S NOTICE OF
`
`RELIANCE NO. 10 UNDER 37 CFR § 2.122(e) was served via electronic mail, on
`
`November 22, 2021 upon counsel for Applicant at the following addresses of record:
`
`
`
`
`
`
`
`
`
`
`
`JOHANNA M WILBERT
`QUARLES & BRADY LLP
`411 E WISCONSIN AVE SUITE 2350
`MILWAUKEE, WI 53202
`
`johanna.wilbert@quarles.com
`christian.stahl@quarles.com
`DocketWI@quarles.com
`lindsey.govan@quarles.com
`choua.lee@quarles.com
`bryce.loken@quarles.com
`
`
`
` / Travis Smith /
`Trademark Legal Assistant
`
`
`
`

`

`EXHIBIT 01
`EXHIBIT 01
`
`

`

`CATERPILLAR MAKES MARK IN FOOTWEAR
`
`Chicago Tribune
`
`March 3, 1994 Thursday, NORTH SPORTS FINAL EDITION
`
`Copyright 1994 Chicago Tribune Company
`
`Section: BUSINESS; Pg. 2; ZONE: N; On marketing.
`
`Length: 791 words
`
`Byline: George Lazarus.
`
`Body
`
`The Big Cat has put its best foot forward in signing a licensing deal with the maker of Hush Puppies.
`
`At last week's Western Shoe Association show in Las Vegas, a Wolverine World Wide Inc. exhibit had heads
`turning with what observers described as "jumbo sales" of work footwear bearing the Cat logo of giant Caterpillar
`Inc.
`
`"The show certainly exceeded our expectations," says an official for Rockford, Mich.-based Wolverine, already well-
`known in the work-boot business for its Wolverine brand.
`
`Observers said that business was particularly brisk among representatives of Japanese and German firms, who
`were eagerly snapping up the Cat brand footwear from Wolverine.
`
`"They were buying these boots like there was no tomorrow . . . in container loads," says a source who attended the
`show.
`
`Peoria-based Caterpillar, which has $11 billion a year in sales, signed a five-year global licensing agreement
`effective Jan. 1 with Wolverine.
`
`With the Cat label, Wolverine is able to enter a lower-priced work-boot category. The Cat boots are being sold by
`mass-merchandisers such as Wal-Mart, along with distribution overseas.
`
`That the Japanese hooked onto the Caterpillar trademark should hardly be surprising, because Caterpillar does a
`brisk business in that country under a joint venture that has two factories producing equipment.
`
`Overall, Caterpillar has 29 licensing deals worldwide, also including clothing and toys. The Caterpillar trademark
`dates back to 1904.
`
`Boots and footwear bearing the Caterpillar name last year accounted for a $15 million business at manufacturer
`prices worldwide, but "with the new interest we've seen, that figure could double in 1994," says a spokesman for
`Caterpillar.
`
`Ayer Chicago recently signed on as agency for Wolverine's work-boot line, but it's not known whether it will be
`involved in advertising and promotion of the new Cat-licensed footwear.
`
`S.O.S wipes out jobs
`
`Clorox Co.'s acquisition of the Bedford Park S.O.S operations of Miles Inc. has claimed more than 90 jobs in the
`managerial, administrative, technical and clerical areas. Clorox confirmed that about 90 staffers were told at an
`internal meeting Monday that they would not be offered jobs by the new parent. Those dismissed-insiders counted
`
`

`

`CATERPILLAR MAKES MARK IN FOOTWEAR
`
`96-are being offered severence benefits, including outplacement help, and pay through March 13. About 180
`employees in production or related functions at the Bedford Park plant are being retained. There is a possibility that
`one of the 96 may have a job opportunity at Clorox headquarters in Oakland.
`
`- Teaneck, N.J.-based Carillon Importers named an eight-agency short list, dominated by Manhattan shops, in a
`competition for its estimated $8 million to $10 million Stolichnaya vodka advertising account. Outsiders are Mullen
`Advertising in Wenham, Mass., and Campbell Mithun Esty in Minneapolis. Other contenders include N.W. Ayer,
`Margeotes Fertitta Donaher & Weiss and Waring & LaRosa, all of New York.
`
`On the move: D.J. Reali, an account media director at J. Walter Thompson USA Chicago, elected a VP. . . . Marcia
`Miller named director of public relations at Bloomingdale's Chicago. . . . Mary Yanke, a VP of DDB Needham
`Chicago, promoted to a management representative.
`
`Strictly Personal: Birthday greetings to Nina DiSesa and Dick Esmail.
`
`Lauren Essex, a brand manager on Degree at Helene Curtis, becomes director of personal care March 14 at La
`Costa Products International, a Carlsbad, Calif.-based firm licensed to sell apparel and personal-care items under
`the La Costa name.
`
`Mediaworks becomes the name of General Motors Corp.'s recently formed consolidated media-buying unit for its
`North American operations. Buying for broadcast media will be in New York, the print media responsibility in
`Warren, Mich. Executives of Lintas:Campbell-Ewald and McCann-Erickson, which have large chunks of the GM
`account, are heading Mediaworks. Separately, McCann-New York signed William Cella, former VP-sport sales for
`ABC-TV, to the newly created post of executive VP-broadcast and programming.
`
`There may not be much Joy left for Procter & Gamble's dishwashing liquid that bears that name. P&G is cutting the
`price 12 percent, following a 20 percent reduction only three years ago. Joy, introduced 35 years ago, now is less
`than a $40 million brand.
`
`- Jim Hay, associate Midwest ad manager for Family Circle, moves to the magazine's New York headquarters as
`sales development director, a new post, reporting to Wenda Harris Millard, publisher. Hay is not being replaced
`here.
`
`Appointment: Kaehler, an Evanston-based luggage and leather-goods retail chain, to MSL Advertising Inc. in
`Northbrook for advertising and public relations.
`
`Graphic
`
`
`
`PHOTOS 3; PHOTO: (Mary) Yanke; PHOTO: (D.J.) Reali; PHOTO: (Lauren) Essex
`
`Load-Date: March 3, 1994
`
`End of Document
`
` Page 2 of 2
`
`

`

`EXHIBIT 02
`EXHIBIT 02
`
`

`

`Wide variety of rugged footwear stomps into style;
`Hiking boots are in as athletes rediscover great outdoors.
`
`Kansas City Star (Kansas & Missouri)
`
`November 27, 1994 Sunday, METROPOLITAN EDITION
`
`Copyright 1994 The Kansas City Star Co.
`
`Section: LOOK;
`
`Length: 734 words
`
`Byline: MARY MARTIN NIEPOLD
`
`Body
`
`NEW YORK - There's a whole lot of hiking going on out there -
`
`from the mountains to the malls - and footwear manufacturers,
`
`including those Nike and Reebok giants known for their canvas
`
`wonders, have stepped into a fashion revolution that comes with lug
`
`soles.
`
`"There is an explosion in rugged footwear," says Tony Post of
`
`Marlboro, Mass., Rockport's marketing vice president for outdoor
`
`footwear. "People who used to spend most of their time in the gym
`
`for a workout are now adding outdoor activities to fitness and
`
`recreation. "
`
`According to the Sporting Goods Manufacturers Association, the
`
`outdoor trend rang up more than $ 600 million in hiking and sports
`
`boots sales in 1993, up 26 percent from the previous year.
`AP Special Features
`
`While those sales are impressive, the category is small compared
`
`with overall athletic footwear sales of $ 11 billion plus reported
`
`by the SGMA's Footwear Market Insights.
`
`Almost any shoe manufacturer you can name has some kind of
`
`high-top boot for hiking and strolling - or for mall hopping, city
`
`shopping, mountain viewing and outings with the kids. And these
`
`boots, with such unexpected style, even look great paired with a
`
`long skirt or shorts and their ubiquitous turned-down rugged socks.
`
`At the gym, you might even see these Paul Bunyans worn to add
`
`

`

`Wide variety of rugged footwear stomps into style;Hiking boots are in as athletes rediscover great outdoors.
`
`weight and tone to lunges and curls.
`
`"Today rag socks, cargo shorts and hiking boots are a fashion
`
`statement," says Gary Duclos, vice president of footwear design and
`
`development for Timberland in Hampton, N.H.
`
`Besides the growing numbers of Baby Boomers choosing outdoor
`
`activities for themselves and their children, Duclos acknowledges
`
`younger customers, those in their teens and 20s, for instance, who
`
`grew up in sneakers and aren't about to sacrifice comfort for
`
`anything that binds.
`
`"You also have more casual dress codes today," Duclos says, "so
`
`you have products that are versatile enough to wear in the office
`
`or on day hikes.
`
`"So much of it is a back-to-basics movement. "
`
`In fact, boot-styled basics with rugged performance features now
`
`come from traditional outdoor names like Merrell, Danner, Raichle,
`
`Technica, Salomon, Basque, New Balance, Asolo and Wolverine - as
`
`well as athletic footwear companies like Rockport, Reebok and Nike.
`
`J. Crew has its own version. J-Bay Boots adds shearling liners and
`
`contrasting colors to outdoor styles. Even Josie Natori, the
`
`doyenne of lingerie elegance, now has leather boots, best suited
`
`for city hikes.
`
`Havana Joe, which entered the American boot market from its
`
`foothold in 22 European countries just a year ago, specializes in
`
`lightweight boots.
`
`"Hiking boots are a good example of a style that has quickly
`
`become adopted by those with little interest in actually climbing a
`
`mountain," notes Michael Saitowitz, president of ASRG in Englewood,
`
`Colo., exclusive distributors of Havana Joe. "Today people want a
`
`wardrobe that goes from the kicked-back atmosphere of the home
`
`office to the corporate boardroom to a walk across a city park or a
`
`weekend in the mountains. "
`
`SMGA zeroed in on the hiking and outdoor footwear market with a
`
`recent survey of 30,000 consumers. Of all characteristics described
`
`as very important in athletic footwear buys, 83 percent put
`
`comfort, fit and feel first, followed by 63 percent who said they
`
`suited active lifestyle. Third was performance advantage, followed
`
`by fashion advantages.
`
`Sheri Poe is president and CEO of Ryka Inc., Norwood, Mass.,
`
` Page 2 of 3
`
`

`

`Wide variety of rugged footwear stomps into style;Hiking boots are in as athletes rediscover great outdoors.
`
`manufacturers of athletic footwear exclusively for women. She says
`
`today's boots have to look as good as they feel.
`
`"Our boot customer is looking for fashion and performance in one
`
`shoe," she says. "With more and more boots on the shelves to choose
`
`from, the customer is increasingly price-conscious. She knows how
`
`to judge high performance and durability, and she knows what she
`
`likes. "
`
`Today she might even choose to wrap her feet in the kind of
`
`construction that builds Caterpillar heavy equipment. In fact,
`
`Wolverine now manufactures CAT-R footwear. Here, the kind of power,
`
`strength and durability associated with tractors comes in ruby or
`
`sapphire lug-soled boots.
`
`Perfect, you might say, for a hike to a lunch date.
`
`Graphic
`
`
`
`photo, Sales of hiking boots and other rugged footwear are on
`
`the increase. The boots serve as both outdoor equipment and a fashion
`
`statement.
`
`Load-Date: November 29, 1994
`
`End of Document
`
` Page 3 of 3
`
`

`

`EXHIBIT 03
`EXHIBIT 03
`
`

`

`HUSH PUPPIES MAKE NOISE AROUND THE WORLD LICENSING, CAT
`BOOTS LUCRATIVE FOR WOLVERINE
`
` Detroit Free Press
`
`January 13, 1996 Saturday METRO FINAL EDITION
`
`Copyright 1996 Detroit Free Press All Rights Reserved
`
`Section: BIZ; Pg. 10B
`
`Length: 585 words
`
`Byline: ED WHITE Associated Press
`
`Dateline: ROCKFORD
`
`Body
`
`ROCKFORD -- Sure, they have that famous long-eared dog. But don't overlook the steel-toed boots.
`
`Wolverine World Wide Inc., perhaps best known as the maker of Hush Puppies, has resurrected itself from a drifting
`footwear company to a major player in what people around the globe slip on or lace up.
`
`Income from international licensing agreements is extremely lucrative, and a 1994 partnership with Caterpillar Inc.
`of Illinois has stocked the shelves with millions of Wolverine's Cat boots, dubbed "Walking Machines."
`
`Wolverine President Geoffrey Bloom is predicting more good times.
`
`"Overall retail conditions in the last 18 months have been disastrous," Bloom said, referring to the industry at large.
`"The two growth areas have been casual and outdoors. We've been able to grow in this climate because we have
`hot products.
`
`"We're not telling analysts we're going to rocket to the moon, but we'll continue to have double-digit growth," Bloom
`said.
`
`Wolverine, headquartered in this Grand Rapids suburb, offers a broad line of footwear: slippers produced for L.L.
`Bean and Lands' End catalogs, heavy boots for dirty work, hiking boots for the weekend crowd, and the born-again
`Hush Puppies, shoes that now are as likely to be on fashion runways as they once were on Grandma's feet.
`
`Hush Puppies can be found at stores as divergent as J.C. Penney -- Wolverine's biggest customer -- and the high-
`style Nordstrom chain.
`
`"Nordstrom wouldn't have wrapped fish in our catalog a year ago," Bloom said. "At the New York shoe show, J.C.
`Penney, Saks and Bloomingdale's were arguing over what colors they would be buying."
`
`But Hush Puppies' resurgence is not driving the bottom line -- yet. The credit goes to boots, the success of the only
`U.S. pigskin tannery and international agreements that allow other shoe makers to slap Wolverine's brand names
`on their products in exchange for royalties.
`
`

`

`HUSH PUPPIES MAKE NOISE AROUND THE WORLD LICENSING, CAT BOOTS LUCRATIVE FOR
`WOLVERINE
`
`"That licensing income is the untold story," said David Jarrett, a Wall Street analyst who follows Wolverine at
`Gerard Klauer Mattison & Co.
`
`"The beauty of that business is that Wolverine has no capital invested," he said. "They don't have to manage and
`control a sales force in 80 countries. They don't have the inventory risks, writedown risks. It's risk-free."
`
`And very profitable. About 50 percent of Wolverine's earnings before taxes come from such licensing and
`distribution deals.
`
`Through Sept. 9, 1995, the company reported $263 million in revenue, a 10.5 percent boost from the same period
`in 1994. Much of the increase was tied to the boot division.
`
`With the Caterpillar-brand boots, Wolverine is cashing in on the tough-guy image of the world's largest
`manufacturer of earth-moving equipment. It made or licensed 3 million pairs of the boots in 1995, compared with 2
`million in 1994.
`
`"It's a boot with an attitude," boasts Bloom. "Cat is recognized in every country in the world. You go to China,
`they're building roads with Cat equipment."
`
`Another line of work boots, simply called Wolverine, carries this slogan: "Work Like Hell. Feel Like Heaven."
`
`WOLVERINE WORLD WIDE INC.
`
`WHERE BASED: Rockford, north of Grand Rapids.
`
`BRANDS: Hush Puppies, Caterpillar boots, Wolverine boots and shoes, Wolverine Wilderness, Wolverine
`Sportsman, Bates, Tru- Stitch slippers, Coleman hiking boots.
`
`EMPLOYEES: 5,600; 1,400 belong to unions.
`
`MANUFACTURING SITES: Arkansas, Indiana, Michigan, New York, Mexico, Puerto Rico, Dominican Republic,
`Canada.
`
`Source: Associated Press
`
`Graphic
`
`
`
`Photo GEORGE GRYZENIA, Associated Press;
`
`: W
`
`olverine World Wide President Geoffrey Bloom with his
`
`company's products in Rockford. It makes slippers, heavy
`
`boots, hiking boots and Hush Puppies.
`
`***
`
`Load-Date: October 18, 2002
`
`End of Document
`
` Page 2 of 2
`
`

`

`EXHIBIT 04
`EXHIBIT 04
`
`

`

`CAT'S OUT OF THE BAG: THESE WORK BOOTS ARE COOL
`
`Columbus Dispatch (Ohio)
`
`September 2, 1997, Tuesday
`
`Copyright 1997 The Columbus Dispatch
`
`Section: FEATURES ACCENT & ENTERTAINMENT ,
`
`Length: 532 words
`
`Byline: Marshall Hood
`
`Body
`
`That Ellen DeGeneres, Brad Pitt and the Cranberries wear Caterpillar work boots probably doesn't carry much
`weight with your average heavy-equipment operator.
`
`He's more impressed with the fact that CAT Footwear takes its inspiration from Caterpillar tractors, bulldozers and
`earthmovers. These bad boys are built tough: steel toes, lug soles and other technology for comfort and safety that
`makes Joe Six-Pack's life on the job a bit easier.
`
`But they're catching on big time with the first-on-a-fad celebrity crowd in New York and L.A., as well as Paris and
`Milan.
`
`Even edgy menswear designer John Bartlett featured the lunky CATs on the runway for his fall '98 fashion preview.
`
`"We like to think of these boots as equipment for your feet, and people want to wear what real construction workers
`wear," said Bill Brown, president of Caterpillar Footwear.
`
`"CAT boots are authentic, durable work boots with style. They appeal to everyone from workers in factories and at
`construction sites to fashion-conscious young adults."
`
`Best-sellers have been the Sheffield, Colorado and Alaska models, 6-inch work boots with full-grain uppers,
`breathable linings and CAT's "Walking Machine" outsoles.
`
`CAT Footwear -- owned by the same folks who make Hush Puppies -- turns out styles of work boots, lightweight
`boots, work oxfords, all-terrain hikers and waterproof boots for men, women and, most recently, kids. ("Kids
`respond to the rugged look, and their parents appreciate the fact that CAT boots are durable and strong," Brown
`said.) They're available in 6-, 8-, 9- and 10-inch heights, plus low-cut oxfords. Each carries the yellow Caterpillar
`logo on the heel.
`
`Rabin Soufer does serious celeb shoe biz at his L.A. salon, Shoe Be Doo. He sold Pitt, Eric Clapton and REM's
`Michael Stipe their CATs.
`
`"I've always had a lot of famous faces in my store, but in the last year or two, more people have been buying CAT
`boots . . .," he said. "There's definitely a buzz going on about these boots. Not only are they hip and stylish; people
`love how comfortable (they) are."
`
`The shoes also have been spotted on the feet of ER's Julianna Marguiles, L.A. Law's Harry Hamlin and Teri
`Hatcher of Lois and Clark. Todd Park Mohr of Big Head Todd and the Monsters wears CATs on the band's album
`cover.
`
`

`

`CAT'S OUT OF THE BAG: THESE WORK BOOTS ARE COOL
`
`The boots and shoes cost $ 70-$ 150 and are available at major retailers, including JCPenney and the Hush
`Puppies stores at Northland and Westland shopping malls.
`
`Another Todd's shoes
`
`Seventh Avenue Wunderkind Todd Oldham has hooked up with Keds to design some uptown kicks for the classic
`American tennie.
`
`Oldham was among designers invited to "reinvent" the mundane Keds as part of the shoemaker's "Keds Salutes
`Great American Design" program.
`
`His way-cool collection includes platforms, a chunky-heel slip-on and lace-up heeled boots in corduroy, poplin and
`canvas for fall.
`
`Priced at $ 40, they're available this month at department and specialty stores.
`
`Rag Time is very hot on Oldham's signature gold-tufted ''Christine'' model and the stacked-heel ''Carolyn'' platform
`in navy blue canvas.
`
`Marshall Hood - mhood?
`
`dispatch.com - is Dispatch fashion reporter.
`
`Graphic
`
`
`
`Photo, Keds, Todd Oldham designed gold tufted tennis shoes for Keds., Caterpillar Footwear, Todd Park Mohr,
`right, of Big Head Todd and the Monsters, sports CAT workboots.,
`
`Load-Date: September 3, 1997
`
`End of Document
`
` Page 2 of 2
`
`

`

`EXHIBIT 05
`EXHIBIT 05
`
`

`

`FOOT protection
`
`ISHN
`
`September 1, 2005 Thursday
`
`Copyright 2005 ProQuest Information and Learning
`All Rights Reserved
`Copyright 2005 BNP Media Sep 2005
`
`Section: Pg. 56; Vol 39; No. 9; ISSN: 87552566
`
`Length: 572 words
`
`Byline: Anonymous
`
`Dateline: Troy
`
`Body
`
`ABSTRACT
`
`Featuring full-grain leather with visible topstitching, the Wolverine MultiShox(TM) Moc-Toe 6-in. boot is a versatile
`work boot for heavy-duty environments. Attributes of the boot include: individual compression pads in the outsole;
`removable comfort gel insole; Dri-Lex® lining, Goodyear Welt construction; and abrasion- and heat-resistant rubber
`outsole. Also available in 8-in. style. Wolverine® Boots and Shoes, Rockford, MI.
`
`FULL TEXT
`
`1 WATERPROOF BOOTS CIRCLE 265
`
`Engineered for working professionals, new Timberland PRO® Granite State Waterproof work boots can withstand
`extreme worksite demands while providing protection against the most common hazards. The boots feature
`premium waterproof leather, Timberland PRO Ever-Guard for durability and Vibram® rubber outsole with high-
`traction, slip-resistant tread. Timberland PRO, Stratham, NH.
`
`2 SAFETY BOOT CIRCLE 264
`
`Red Wing's 2226 mens 6-in. boot features full-grain leather, oil-resistant/slip-resistant Horizon super sole, and
`Supersole welt construction. Safety features of the 2226 include ANSI Z41/ASTM F2413-05 ratings, steel toe
`protection, excellent chemical/abrasion ratings, and Electrical Hazard ratings. The work boot provides comfort even
`in the most extreme conditions. Red Wing Shoe Co., Red Wing, MN.
`
`3 STYLISH SAFETY SHOE CIRCLE 261
`
`Developed primarily for young construction workers, the XTreme Steel collection from CAT Footwear features an
`aggressive look with athletic styling and overbuilt construction. The color pops in many of the outsoles set off the
`deep cleated sole patterns that resemble the teeth on Caterpillar equipment. Some styles include an inside zipper
`for easy on and off. CAT Footwear, Rockford, MI.
`
`4 HEAVY-DUTY WORK BOOT CIRCLE 263
`
`Michelin's XSF891 is a 10-in. waterproof, insulated, Electrical Hazard-rated work boot designed for the most
`extreme work environments. The comfortable, heavy-duty boot features puncture resistance, internal metatarsal
`
`

`

`FOOT protection
`
`protection, and the exclusive Michelin Star Fighter outsole with rubber toe and heel counter overlays for high
`abrasion resistance. Michelin Footwear, Greenville, SC.
`
`5 VERSATILE WORK BOOT CIRCLE 266
`
`Featuring full-grain leather with visible topstitching, the Wolverine MultiShox(TM) Moc-Toe 6-in. boot is a versatile
`work boot for heavy-duty environments. Attributes of the boot include: individual compression pads in the outsole;
`removable comfort gel insole; Dri-Lex® lining, Goodyear Welt construction; and abrasion- and heat-resistant rubber
`outsole. Also available in 8-in. style. Wolverine® Boots and Shoes, Rockford, MI.
`
`6 WORK BOOT COLLECTIONS CIRCLE 260
`
`Carolina's new "Built For Work" collections include the Redwoods, Golds (pictured), 4x4, Gorilla, and WorkFlex II.
`The collections are distinctive yet all share the characteristics of comfort, functionality and durability. Carolina
`features exclusive patented technologies and offers excellent moisture management, shock absorption and
`tolerance to hot and cold environments. Carolina Shoe Co., Lebanon, PA.
`
`7 PVC BOOTS CIRCLE 262
`
`PVC boots from LaCrosse include the 16" FLEX 3 featuring Po

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