image: Puma

image: Puma

After landing a victory in the first round of proceedings in the lawsuit that Puma filed against Forever 21 in March for allegedly infringing its copyright, patent, and trademark rights in three of the footwear designs from its Fenty collection, Forever 21 has filed to have the case thrown out. The fast fashion giant alleges that Puma failed to make its case for copyright, trade dress, and design patent infringement, and as a result, has asked the court to dismiss the case.

According to Forever 21’s motion, not only does Puma fail to establish that Forever 21 has infringed its intellectual property rights in the Fenty footwear collection, including the Creeper, Bow Slide and Fur Slide styles, Puma’s lawsuit amounts to “an attempt to stifle fair competition by claiming exclusive intellectual property rights in universal shoe styles are without merit.”

The U.S. District Court for the Central District of California will now decide whether Puma’s complaint states legally sufficient claims for design patent, trade dress, and copyright infringement. 

Forever 21’s filing of a motion to dismiss comes on the heels of an earlier loss for Puma, when Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California ruled last month against Puma, refusing to grant the sportswear giant’s temporary restraining order, which would bar Forever 21 from selling the allegedly infringing shoes. Judge Gutierrez held that Puma did “not show that they are without fault in creating the crisis requiring ex party relief.”