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10 January 2018Copyright

Forever 21 tries to drag Rihanna into Puma brawl

Fashion retailer Forever 21 is refusing to lie down in a legal fight that sportswear company Puma began in April last year and is attempting to bring singer Rihanna into the brawl.

Forever 21 asked for an extension to the deadline to add parties to the lawsuit and to amend pleadings in late December, a move that was unopposed by Puma.

The retailer, which requested an extension until February 28, claimed that there was good cause for the request.

According to Forever 21, the pleadings in the case and Puma’s public statements lead to the conclusion that Rihanna may be a “necessary and indispensable party” to the litigation.

Puma accused Forever 21 of infringing its design patents, trade dress and copyrights in April last year.

Rihanna, who has acted as the women’s creative director for Puma clothing and footwear, served as ambassador for the company’s Fenty label, according to the original lawsuit.

In 2015, Puma developed and launched the Creeper trainer under the brand name Fenty Puma by Rihanna.

Over the next two years, Puma launched the Fur Slide sandal and the Bow Slide sandal.

Puma then claimed that Forever 21 had “blatantly copied” these shoes through its product Yoki Sneakers.

In June last year, Puma suffered a blow in its dispute after failing to obtain an injunction against Forever 21.

But Forever 21 has now claimed there is strong evidence to suggest that Puma may not have standing to bring this lawsuit and/or that Rihanna should be a named party.

“Although Puma publicly advertises that Rihanna herself designed the shoes at-issue in this litigation, Rihanna is not named as an author on Puma’s copyright applications or as an inventor on Puma’s design patent,” stated the retailer.

It then went on to accuse Puma of misrepresentation, claiming that there were only two logical conclusions to draw: either that Puma misrepresented material facts to the US Patent and Trademark Office and the US Copyright Office, or Puma has misrepresented to consumers that Rihanna designed the shoes.

“At a minimum, Rihanna’s role is critical to assessing the damages claimed by Puma in this litigation,” concluded Forever 21.

On Monday, January 8, Puma filed a statement of non-opposition to Forever 21’s motion to extend the deadline.

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More on this story

Trademarks
19 October 2018   Music artist Rihanna’s fashion company—which sells goods in association with sports retailer Puma—is at the centre of a trademark lawsuit.
Copyright
9 November 2018   The IP brawl between fashion retailer Forever 21 and sportswear company Puma has come to an end, after the parties agreed to settle.
Trademarks
28 June 2021   Music artist Rihanna has become embroiled in yet another IP suit after lingerie company Adore Me accused the singer’s Savage X Fenty brand of trademark infringement.