Totes Isotoner Suit Against R.G. Barry Dismissed

Dearfoams is in the clear.

The subsidiary of Pickerington, Ohio-based R.G. Barry Corp. announced that the federal lawsuit claiming the brand unlawfully copied Cincinnati-based Totes Isotoner Corp. has been dismissed.

“We have been fully vindicated,” R.G. Barry President and CEO Greg Tunney said in a written statement. “This was a frivolous suit brought by a competitor who was unhappy about losing market share to us. The court was not persuaded by any of this competitor’s arguments and found that the case was not likely to succeed on its own merits.”

Totes Isotoner originally had asked that R.G. Barry be banned from selling four slipper styles to JCPenney after the department store dropped certain Isotoner brand styles in favor of Dearfoams products.

The dismissal was filed Oct. 15 in the U.S. District Court for The Southern District of Ohio in Columbus.

Separately, R.G. Barry continues to evaluate an unsolicited acquisition proposal of $20 per share, received last month from Mill Road Capital.

On Sept. 30, the company’s board of directors asked Mill Road for clarification on its sources of financing for a buyout. Several days later, Mill Road responded. There have been no public comments since that date.