LensCrafters 2012 Annual Report Download - page 122

ANNUAL REPORT 2012> 36 |
and ownership of, our proprietary rights. Moreover, the laws of certain countries do not
protect proprietary rights to the same extent as the laws of the United States or of the
member states of the European Union.
Consistent with our strategy of vigorously defending our intellectual property rights,
we devote substantial resources to the enforcement of patents issued and trademarks
granted to us, to the protection of our trade secrets or other intellectual property rights
and to the determination of the scope or validity of the proprietary rights of others that
might be asserted against us. However, if the level of potentially infringing activities by
others were to increase substantially, we might have to significantly increase the resources
we devote to protecting our rights. From time to time, third parties may assert patent,
copyright, trademark or similar rights against intellectual property that is important to
our business. The resolution or compromise of any litigation or other legal process to
enforce such alleged third party rights, regardless of its merit or resolution, could be costly
and divert the efforts and attention of our management. We may not prevail in any such
litigation or other legal process or we may compromise or settle such claims because of the
complex technical issues and inherent uncertainties in intellectual property disputes and
the significant expense in defending such claims. An adverse determination in any dispute
involving our proprietary rights could, among other things, (i) require us to grant licenses
to, or obtain licenses from, third parties, (ii) prevent us from manufacturing or selling our
products, (iii) require us to discontinue the use of a particular patent, trademark, copyright
or trade secret or (iv) subject us to substantial liability. Any of these possibilities could have
a material adverse effect on our business by reducing our future sales or causing us to
incur significant costs to defend our rights.
l) If we are unable to maintain our current operating relationship with host stores of our
retail Licensed Brands division, we could suffer a loss in sales and possible impairment of
certain intangible assets
Our sales depend in part on our relationships with the host stores that allow us to operate
our retail Licensed Brands division, including Sears Optical and Target Optical. Our leases
and licenses with Sears Optical are terminable upon short notice. If our relationship with
Sears Optical or Target Optical were to end, we would suffer a loss of sales and the
possible impairment of certain intangible assets. This could have a material adverse effect
on our business, results of operations, financial condition and prospects.
m) If we fail to maintain an efficient distribution network in our highly competitive markets,
our business, results of operations and financial condition could suffer
The mid- and premium price categories of the prescription frame and sunglasses markets
in which we operate are highly competitive. We believe that, in addition to successfully
introducing new products, responding to changes in the market environment and
maintaining superior production capabilities, our ability to remain competitive is highly
dependent on our success in maintaining an efficient distribution network. If we are unable
to maintain an efficient distribution network, our sales may decline due to the inability to
timely deliver products to customers and our profitability may decline due to an increase
in our per unit distribution costs in the affected regions, which may have a material adverse
impact on our business, results of operations and financial condition.