By now, it probably comes as no big surprise to you that we are skeptical of fast fashion retailers. We always root for the “little guy”, the inventive entrepreneur, or the party who seems, to us, to have made its way in the fashion industry through creativity rather than imitation.
Recently, however, we learned of Forever 21’s victory over Puma in the first round of proceedings in the U.S. District Court for the Central District of California. Back in March, Puma filed a suit against the well-known fast fashion retailer for allegedly infringing its copyright, patent, and trademark rights in three of the footwear designs from its Fenty collection. In response, Forever 21 made a motion to have the case thrown out. Its reasoning was that Puma did not sufficiently establish that Forever 21 has infringed its intellectual property rights and that the suit is “an attempt to stifle fair competition by claiming exclusive intellectual property rights in universal shoe styles”.
While the court has yet to decide on this issue, this motion comes shortly after Forever 21’s first victory in the case when Puma’s temporary restraining order was denied. If this were to be granted, Forever 21 would not be legally allowed to sell the shoes subject to this suit while the trial was ongoing. However, Judge Philip S. Gutierrez ruled that Puma did “not show that they are without fault in creating the crisis requiring ex party relief.”
To be honest, we are a little surprised at how this case has been progressing so far. While we normally have a bias in such instances, we always try to remain as neutral as possible. Nevertheless, we genuinely thought that the suit was going to go in another direction.
That’s why we’d love to hear your opinion, fashion enthusiasts! Either comment below, or message us directly, and let us know what you think. Who knows, maybe a sweet prize for the best response will come of it (*wink wink*).