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North Jersey.com are reporting: Sneaker maker files suit over ban on its shoes
Sunday, April 29, 2007
Quote:
The CEO is sitting at a table on the 19th floor of a midtown Manhattan office building. On the table are two sneakers and an eight-page lawsuit.
Andy Krafsur lifts one of the sneakers, a white walking shoe. It has been sliced down the middle, dissected like a frog in biology class. Inside the shoe are two metal springs – one near the toe, one near the heel. Remove those two springs and the lawsuit would disappear.
But so would Spira, Krafsur's shoe company.
"Track and field has always embraced innovation," Krafsur said recently . "We're jumping with fiberglass poles, not bamboo. We run on very springy tracks, not cinders. We run in very sophisticated racing spikes as opposed to leather straps like 'Chariots of Fire.' "
Why can't we compete, Krafsur wonders, with springs in our shoes?
Banned in races
As North Jersey runners descend upon Long Branch for the New Jersey Marathon this morning, Krafsur is busy waging war with the International Association of Athletic Federations (IAAF) and USA Track and Field (USATF). Both organizations prohibit runners from competing in shoes with springs.
Any runner who wins a race governed by either organization's guidelines while wearing Spira running shoes is subject to disqualification.
"I have read about the shoe, but till now it has not come up with regard to our New Jersey Marathon," race director Art Castellano wrote in an e-mail. "Since we are not a [money] marathon, it may not be a factor, but if the USATF is opposed to it and we are under the auspices of that organization, we are also opposed to this shoe at this time."
Other race directors echo that opinion. So Krafsur, a 45-year-old lawyer with a size-9 foot, decided it was time to fire back. Earlier this month, he filed an antitrust lawsuit in U.S. District Court, suing the IAAF and USATF for $10 million. He believes their policies governing shoes with spring technologies have fostered a "restraint of competition." According to the lawsuit, "the concern by athletes is so great that most elite runners are unwilling to race in Spira footwear."
Yet Spira success stories are beginning to pop up at marathons across the country. Keith Pierce, a distance runner from Texas, won the Cowtown Marathon in February while wearing the shoes. Oleg Strijakov, a 43-year-old Russian who lives in Florida, captured the Boston Marathon's Masters division crown (for runners age 40 and over) in a pair of Spiras.
Still, without elite athletes, it's tougher to market the shoe. Without marketing, it's tougher to get the shoes into your local running store. Without local running stores, Krafsur can't sell as many shoes.
"We're profitable," Krafsur said. "But clearly, certainly our growth should be much steeper than it has been. We've got this yoke around our neck with this ban."
Shoe sold locally
Foot Solutions, a foot-care company that has locations in Ramsey and Caldwell, is one of the few places where you can find Spira shoes in New Jersey. Louise Van Osten, owner of the Ramsey franchise, said the shoe reduces impact between your foot and the ground by 85 percent.
"Basically what it does is it helps your joints, no matter what age they are," Van Osten said. "Arthritis, lower back pain ... having that reduction of impact between you and the ground really helps you become and stay more active."
The simplest of questions is the one Krafsur cannot answer: Do his shoes make you faster?
"I don't know if they make you faster or not," Krafsur said. "What I can tell you, and I'm very confident in saying this, when you finish the race, there's going to be less stress on your body. The comment that I've received from several people is, 'For the first time in 50 marathons, I'm able to walk the next day.' "
This was posted on the BIOMECH-L list by James Carruthers:
Quote:
Spira is a little shoe company that has started quite a stir in the
running world. Note the following:
That principal was also challenged yesterday, it emerged, in El Paso,
Texas, where a footwear company is suing the International
Association of Athletics Federations and USA Track and Field. Spira
Footwear claim that technological innovations have caused their
running shoes to be banned. They allege that sport rules banning
assisted devices violate US laws on restraint of trade and
monopolistic practices. They say athletics' rules prevent their
patented WaveSpring technology from gaining acceptance. The company
say seven runners will be wearing its shoes at the Boston Marathon
next Monday.
The IAAF is already embroiled in controversy over the use of a carbon fibre
prosthetic used by South African Paralympic gold medallist Oscar Pistorius,
the so-called "fastest man on no legs". They expect to rule out the double
amputee's spring legs which single-amputee rivals believe give him an unfair
advantage.
Spira's™ patented WaveSpring™ technology may be the most significant
advancement ever achieved in the footwear industry.*
WaveSpring™ returns energy with every step.
Ray Fredericksen, president of Sports Biomechanics, Inc. compares
typical midsole materials found in many athletic shoes to running in
sand. While initially perceived as soft and comfortable, these shoes
require the wearer to exert greater effort. Muscles must work harder,
causing fatigue and increasing the risk of injury.
Unlike traditional shoe midsoles made primarily of foams, rubber
compounds, or polymers, WaveSpring™ technology stores and disburses
energy with every step. Testing performed by an independent source
reports that 87% - 96% of the energy is returned from the
WaveSpring™. This is the highest energy return score for any midsole
material ever tested.**
WaveSpring™ is light and compact.
The WaveSpring™ is laterally stable, lightweight, compact, and can
easily fit into a typical shoe midsole. The technology is in the heel
and forefoot of the shoe. As such, it has the appearance of a normal
shoe. Looking from the outside no one will know you have a spring in
your step but you!
WaveSpring™ technology will not break down.
Traditional midsole materials work through compression and often
breakdown quickly. The WaveSpring™ is mechanical. The spring will
outlast the shoe. The wearer will have a "new shoe" feel from the
first day it is worn to the last!
"Unlike rubbers and polymers, the springs have an almost infinite
fatigue life. The shoe will fall apart before the spring performance
degrades."
Popular Mechanics magazine
Shoe Technology Review, July 2003
"I feel it is the first technological advance that has been truly
meaningful in the shoe industry in many years."
Donald A. Chu Ph.D., PT, ATC CSCS
Director, Athletic Training & Rehabilitation
Stanford University
*Patented and patents pending.
**Sports Biomechanics, Inc., Michigan State University, May 2001
===================
But so would Spira, Krafsur's shoe company.
"Track and field has always embraced innovation," Krafsur said
recently . "We're jumping with fiberglass poles, not bamboo. We run
on very springy tracks, not cinders. We run in very sophisticated
racing spikes as opposed to leather straps like 'Chariots of Fire.' "
Why can't we compete, Krafsur wonders, with springs in our shoes?
Banned in races
As North Jersey runners descend upon Long Branch for the New Jersey
Marathon this morning, Krafsur is busy waging war with the
International Association of Athletic Federations (IAAF) and USA
Track and Field (USATF). Both organizations prohibit runners from
competing in shoes with springs.
Any runner who wins a race governed by either organization's
guidelines while wearing Spira running shoes is subject to
disqualification.
"I have read about the shoe, but till now it has not come up with
regard to our New Jersey Marathon," race director Art Castellano
wrote in an e-mail. "Since we are not a [money] marathon, it may not
be a factor, but if the USATF is opposed to it and we are under the
auspices of that organization, we are also opposed to this shoe at
this time."
Other race directors echo that opinion. So Krafsur, a 45-year-old
lawyer with a size-9 foot, decided it was time to fire back. Earlier
this month, he filed an antitrust lawsuit in U.S. District Court,
suing the IAAF and USATF for $10 million. He believes their policies
governing shoes with spring technologies have fostered a "restraint
of competition." According to the lawsuit, "the concern by athletes
is so great that most elite runners are unwilling to race in Spira
footwear."
Yet Spira success stories are beginning to pop up at marathons across
the country. Keith Pierce, a distance runner from Texas, won the
Cowtown Marathon in February while wearing the shoes. Oleg Strijakov,
a 43-year-old Russian who lives in Florida, captured the Boston
Marathon's Masters division crown (for runners age 40 and over) in a
pair of Spiras....
Foot Solutions, a foot-care company that has locations in Ramsey and
Caldwell, is one of the few places where you can find Spira shoes in
New Jersey. Louise Van Osten, owner of the Ramsey franchise, said the
shoe reduces impact between your foot and the ground by 85 percent.
"Basically what it does is it helps your joints, no matter what age
they are," Van Osten said. "Arthritis, lower back pain ... having
that reduction of impact between you and the ground really helps you
become and stay more active."
The simplest of questions is the one Krafsur cannot answer: Do his
shoes make you faster?
"I don't know if they make you faster or not," Krafsur said. "What I
can tell you, and I'm very confident in saying this, when you finish
the race, there's going to be less stress on your body. The comment
that I've received from several people is, 'For the first time in 50
marathons, I'm able to walk the next day.' "
======================
Inform the buying public that using your product would be cheating.
That it's banned. Not allowed.
What would seem like a hindrance could actually lead to a break for a
budding brand.
In the most famous case, Nike's first pair of Air Jordans was banned
by the NBA because of discrepancies with the league's uniform rules.
The shoe's namesake, Michael Jordan, wore the red shoes anyway. Nike
paid the fines. And sales took off....
But that's exactly what the former attorney and aerospace engineer
have done. Their shoes have a patented spring technology that claims
to reduce the impact on a runner's feet, which leads to easier
recovery and less overall exertion. It's all good for the runner,
unless he or she is participating in an event sanctioned by USA Track
& Field or the International Association of Athletics Federations.
Because the shoes provide an energy return and use springs, they are
specifically banned by those organizations. So any runner in Monday's
Boston Marathon crossing the finish line in Spira shoes risks being
disqualified.
Given the sheer number of people in the race, thousands who qualified
and hundreds more, called bandits, running without a number, it's
highly doubtful that anyone other than elite runners would be caught.
"We can't track everything," said Steve Vaitones, referee for the
Boston Marathon. "Whether it's a pair of shoes or if it's someone
giving a runner a bottle with some banned substance in it."
As long as cheating isn't being done by the elite runners, officials
at the Boston Marathon aren't expected to do much about it. All of
the elite runners have shoe contracts and the Krafsurs have yet to
dare offer an elite runner a sponsorship deal lucrative enough to be
worth a disqualification.
The ban has created some buzz for Spira. The shoes recently appeared
on the morning shows on ABC, NBC and Fox.
But Andy Krafsur, chief executive of the company, doesn't necessarily
want to embrace the outlaw role forever. He's already had
conversations with USATF officials, who so far have refused to make
any changes to its rules.
"The rule is outdated," Krafsur said. "If you go back and [look
through] history, all new technology was banned -- from the oversized
tennis racket to the aluminum bat to the metal driver."
Krafsur said his shoes don't make a runner faster since the shoe
doesn't provide more energy than a runner puts into each step. The
design of the shoes, he said, simply allows the runner to recover
more quickly.
Vaitones doesn't buy that. He said Spira shoes are performance
enhancers.
"If you recover faster that means you can run more easily, which
means that over time you can run faster and farther," Vaitones
said. "Steroids don't allow you to see the baseball better, but if
you hit it, it might go 20 to 30 feet more, which could be the
difference between a home run and an out."
I was thinking that this is the same result (more expensive/expansive) as putting in a simple 100% memory cushioning plain insole, a la PPT or something firmer.
Does anyone think my teacup is showing signs of a hurricane?
Cheers
Mahtay
This is a very interesting case. Springs in shoes are not new by any means and have cropped up in history over the centuries. Shoes or sandals were considered by the ancients as an unfare advantage in the original Olympic Games, so banning footwear in not new, either.
However if the runners' testimonials, that Spira shoes effectively dampen shock during extreme events such as marathion running on hard surfaces, (and this is supported by invitro tests), then should it ever be shown the spring shoes have the potential to reduce the effects of osteoarthosis on the weightbearing joints, governing bodies which prevent athletes from taking all reasonable precautions against risk of damage could open themself to greater liabilites.
Meantime the action of the International Association of Athletic Federations(IAAF) and USA Track and Field (USATF) by banning their runners from competing in shoes with springs, sends a clear message to runners there is an advantage in wearing these shoes. Talk about shooting yourself in the foot?
However I would say, as I caution all athletes, the benefits from foot orthoses accumulate with the lead up to individual competition events. Not always necessary therefore to wear the foot orthoses on the day. Hence training in spring shoes would seems perfectly sensible to me.
Press Release: "Banned" Running Shoe Spira Gaining Strides Among Elite Runners
"Banned" Running Shoe Spira Is Gaining Popularity Among Elite Runners As Athletes Wearing The Shoes With Springs Sweep Top Five Men's and Top Two Women's Spots In Sunday's Detroit Free Press Marathon
Quote:
El Paso, TX, October 24, 2007-- Spira Footwear Gaining Strides Among Elite Runners:
Runners Wearing Spiras Sweep Top Five Men's and Top Two Women's Spots In Sunday's Detroit Free Press Marathon.
Spira Footwear, the innovative running shoe company featuring the controversial and banned spring technology, continues to gain in popularity among elite runners as the top five male and top two female runners from Sunday's 30th annual Detroit Free Press Marathon competed in Spira shoes.
Christopher Kiprotich of Kenya was the men's overall winner, finishing the 26.2 mile course in 2:15:15. Countryman Hillary Lelei, the 2003 winner in Detroit, came in second with a time of 2:18:1. Henry Githuka of Kenya finished third in 2:21:52, followed by Dmitry Sivou of Belarus with a time of 2:22:25. Jaroslaw Chichoki of Poland received fifth place in 2:23:22.
In the women's division, Anzhelika Averkova of the Ukraine and a member of the Foot Solutions Elite Racing Team was the overall winner with a time of 2:34:50, narrowly missing the course record by 24 seconds. It was her personal best time by almost eight minutes.
"The shoes were super," said Averkova at a press conference following the race. Wioletta Kryza of Poland, the 2005 winner in Detroit, finished second in 2:41:50.
Since debuting on the market five years ago, Spira Footwear has been providing runners with comfort and protection from injury with its spring technology placed in the soles of the shoes. Spira's patented WaveSpring technology reduces impact force on a runner's body, which leads to an efficient recovery and less overall stress - signifying that the WaveSpring technology may be the most significant technical advancement achieved in the footwear industry in recent years. Spira's shoes - and its WaveSpring technology - violates rule 143.3 (a) of the USA Track and Field which specifically bans springs in shoes for competition. The rule has yet to be enforced, but that has not stopped Spira from pushing the issue.
"Amazingly, this rule has the effect of putting our shoes in the same category as steroids," said Andy Krafsur, CEO for Spira Footwear. "While we're pleased that the rule has not been applied to disqualify runners who compete in our shoes - such as the top five male finishers and top two female finishers - the fact is that competing in Spira violates the plain language of the rule and we would like it overturned.
"The same issues were present thirty years ago with the introduction of the oversized tennis racquet and the metal driver. Often the rules of sports don't keep pace with technological advances. We implore the governing bodies not to stand in the way of progress and change the rules," Krafsur said.
"Still, without elite athletes, it's tougher to market the shoe..."
Who needs the elite athletes to market your product with marketing like this, a law suit, as it is seeming the product gives an unfair advantage to the wearer, l think we will see more of this product.
Press Release: Spira Footwear Scores at Detroit Marathon
Quote:
Spira Footwear, the controversial shoe company, scored a major victory at the 30th annual Detroit Free Press Marathon, as the top five male and the top two female winners all competed in Spira shoes.
Christopher Kiprotich of Kenya was the men’s overall winner, finishing the 26.2 mile course in 2:15:15. Countrymen Hillary Lelei, the 2003 winner, came in second with a time of 2:18:1. Henry Githuka finished third in 2:21:52, followed by Dmitry Sivou of Belarus with a time of 2:22:25. Jaroslaw Chichoki of Poland received fifth place in 2:23:22.
In the women’s division, Anzhelika Averkova of the Ukraine and a member of the Foot Solutions Elite racing team was the overall winner, 2:34:50, narrowly missing the course record by 24 seconds. It was personal best time by almost 8 minutes. “The shoes were super,” said Averkova at a press conference after the race. Wioletta Kryza of Poland, the 2005 winner, finished second in 2:41:50. Haile Gebrsalassie, who recently set the World Record in the Marathon paced the leaders for the first 10 miles.
Spira, whose shoes contain springs, is controversial because its WaveSpring technology violates rule 143.3 (a) of the USA Track and Field which specifically bans springs in shoes for competition. The rule has yet to be enforced, but that has not stopped Spira from pushing the issue.
“The rule has a chilling effect. While we’re pleased that the rule has not been applied to disqualify runners who compete in our shoes, the fact is that competing in Spira violates the plain language of the rule. In Detroit, for example, if the 6th place finisher protested the results, he’d probably win, and all of our runners would be disqualified for running in a ‘banned’ shoe. Amazingly, this rule has the effect of putting our shoes in the same category as steroids,” said Andy Krafsur, CEO for Spira Footwear.
“The same issues were present thirty years ago with the introduction of the oversized tennis racquet and the metal driver. Often the rules of sports don’t keep pace with technological advances. We implore the governing bodies not to stand in the way of progress and change the rules,” Krafsur said.
Press release: World Record Breaks at Spira "Defy the Ban" 10K
Quote:
The Spira "World's Fastest 10K" lived up to it's billing as Hillary Kimaiyo of Kenya edged out countryman Isaack Kimaiyo by three seconds, finishing in an astonishing 26:01.2, and smashing the Haile Gebrellassie's world's fastest 10K record. Gebrallaise time of 27:02 was also bested by Kenyan Joseph Koech, who finished third in 27:01.9.
A world record was narrowly missed in the women's division, as Hyvon Ngetich of Kenya finished in 30:26.5, a mere 5 seconds off the world record set by Paula Ratcliffe set in 2003. Eddy Hellebuyck of the United States won the Spira race Master's Division in 30:28.9, just shy of the American age group record in the 45-49 age division set by Dennis Simonaitis of 30:08 last month.
In the men's division, Dirk DeHer of the Netherlands finished fourth in 28:42, David Karui of Kenya finished fifth in 29:00, and Santiago Avila of Mexico finished sixth in 29:35. In the women's division, Jacqueline Nytiepei of Kenya finished second in 31:34.4, with Alicia Rodriguez of Mexico third in 32:16.
All of the top finisher's ran in shoes manufactured by renegade footwear maker, Spira, whose shoes contain WaveSpring Technology. USA Track and Field Rule 143 specifically bans spring technology for competition.
The USATF certified course was a point to point, with race the beginning at an elevation of 5,100 feet and finishing at 3,850 feet. The race is expected to be counted in the record books, but will be notated.
For his efforts, Kimaiyo won a $10,000 bonus for setting a world record and for wearing Spira shoes. "It would take 5 years to in Kenya to earn this much money. I just earned that amount in 26 minutes," Kimaiyo said.
El Paso based Spira gained notoriety earlier this year, when Oleg Strijakov of Russia won the Master's Division at the Boston Marathon in the banned shoe. A month later, David Cheruiyot won the Ottawa Marathon and set a course record of 2:10:35 and a personal best by 2-1/2 minutes. Since that time, elite runners are beginning to discover the Spira spring technology.
"If there was any lingering doubt concerning the validity of the WaveSpring technology, it was erased today," said Spira CEO Andrew Krafsur. Hopefully, the USATF will overturn the rule that bans our shoes, and allow for competition without fear of disqualification," Krafsur said.
Press release: World Record Breaks at Spira "Defy the Ban" 10K
I don't like the idea of allowing springs in shoes for competitive races, since it could give an unfair advantage to the runner. However, if people want to train in the shoe to prevent injury, or run farther/faster during training without injury, then there should be no problem with that. If we allow springs in shoes, then what is next, compressed C02 cannisters embedded in shoes to boost the runner forward during propulsion??
__________________
Sincerely,
Kevin
**************************************************
Kevin A. Kirby, DPM
Adjunct Associate Professor
Department of Applied Biomechanics
California School of Podiatric Medicine at Samuel Merritt College
LetsRun.com have been following the controversy: Spira Shoes Update: The Unbanned Banned Shoe
by: Weldon Johnson
March 6, 2008
Quote:
Spira, the shoe company known for the internal springs in its shoes, has been the center of a lot of controversy on letsrun.com. I blasted the company after last year's Boston Marathon and many message boarders have continued to pillory it since.
The nature of the hatred is centered on Spira's "Banned in Boston" campaign. In 2006, Spira touted the fact that its shoes were banned by USATF and offered a $1,000,000 bonus to any runner who won the Boston Marathon in its shoes. Flouting the rules of our governing body does not sit well with letsrun.com readers.
Spira then ratcheted up the PR blitz at last year's Boston Marathon when they talked about "putting five guys in the top fifteen" and bragged about being "Banned in Boston." When the gun went off, the contenders settled into a slow pace. However, way out front were two Kenyans running all alone in bright yellow shoes. "Spira shoe guys," was my immediate thought, and I was right. The two guys faded badly in the second half of the race, but it seemed to be the perfect publicity stunt. Although Spira garnered praise on CNBC for its marketing genius, it drew my wrath in a post-race editorial where I said of Spira flouting the rules, "One company attempted to ruin my favorite Monday of the year and to make a mockery of our sport and its rules, all for a little self promotion." Spira CEO Andy Krafsur was adamant that Spira did not instruct its runners to run in the lead. He said their only compensation before the race was for a 50% bonus on any winnings they were to win in the race. He said after the fact he did compensate them extra for all the flak they took.......
Quote:
USATF: Spira Shoes Not Banned, Spira's 'Frivolous' Lawsuit Dropped
Before talking to Mr. Krafsur, I emailed Craig Masback, then the CEO of USATF, about the status of the Spira lawsuit. Masback wrote back saying, "Concerning the lawsuit, on the day before the deadline for Spira's response to our motion to dismiss their suit -- a suit we regarded as frivolous and publicity-seeking -- Spira dismissed its case. It is important to remember the bottom line: the rules at issue have been in place for decades, and Spira's shoes never, in fact, had been banned by anybody.".........
Quote:
Spira: The Shoes Are Banned by USATF
Krafsur's main contention is that spring shoes are banned by USATF rule 143.3, despite USATF's public statement that the shoes are not banned. USATF Rule 143.3(a) says:
"A competitor may compete in bare feet or with footwear on one or both feet. The purpose of shoes for competition is to give protection and stability to the feet and a firm grip of the ground. Such shoes, however, must not be constructed so as to give the competitor any unfair additional assistance, including the incorporation of any technology which will give the wearer any unfair advantage, such as a spring or similar device. A shoe strap over the instep is permissible."
Mr. Krafsur is a lawyer and he says USATF's public announcements mean nothing. What matters is the written rule. He said, "I'm a lawyer. To me it is incredibly clear...The shoes are banned."
I argued with Mr. Krafsur that his shoes were only banned if it was proven that springs give runners "an unfair advantage". Mr. Krafsur stated that by specifically mentioning springs, rule 143.3 presupposes that springs give an unfair advantage, otherwise there would be no reason to use the word "spring." He said an athlete who finished behind a Spira athlete would have grounds for winning a lawsuit with the way the rules are currently written........
Running shoe company to sue over shoe ban
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