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107 Trademark Rep. 1238 (2017)
Puma SE v. Forever 21, Inc.: Puma's Fenty Slides May Not Have the Traction for the Uphill Battle against Forever 21

handle is hein.journals/thetmr107 and id is 1282 raw text is: 


Vol. 107 TMR


                       COMMENTARY

             PUMA SE v. FOREVER 21, INC.:
    PUMA'S FENTY SLIDES MAY NOT HAVE THE
    TRACTION FOR THE UPHILL BATTLE AGAINST
                        FOREVER 21

                  By Jessica  Cohen-Nowak*

                     I. INTRODUCTION
    In 2014, Puma  SE and its subsidiaries, including Puma North
America  Inc. (together referred to as Puma), were quickly losing
their share of the athleisure market (i.e., athletic footwear and
apparel that is designed for its aesthetic rather than a utility in
fitness) to Nike and Adidas. Looking for a way to rebrand itself,
Puma  began  collaborating with the famous music artist, Rihanna,
to design and market a female-targeted clothing and footwear line
under  the Puma  Fenty label. The Fenty footwear line contains
three shoe designs that are the subject of Puma's lawsuit against
Forever 21, Inc. (Forever 21) filed in the United States District
Court for the Central District of California.' The three shoe designs
were  the Creeper Sneaker (launched in 2015), the Fur Slide
(launched in 2016), and the Bow Slide (launched in 2017), which
appear as shown below.2

Creeper  Sneaker           Fur Slide            Bow  Slide






    All three Fenty designs had  great commercial success.3 The
Creeper  Sneaker was  awarded  Shoe  of the Year at the 2016

    * Associate, Andrews Kurth Kenyon, Associate Member, International Trademark
Association.
    1. Pls.' First Am. Comp. at ¶ 7- 10, PUMA SE v. Forever 21, Inc., 2:17-CV-02523, No.
13 (C.D. Cal. Apr. 4, 2017).
   2. Id.
   3. Rachel Allen, Footwear News, How Rihanna and Puma Dreamed up the Most
Desirable Shoe of 2016, available at http://footwearnews.com/2016/influencers/collaborations/
rihanna-puma-fenty-creeper-footwear-news-achievement-awards-fnaa-shoe-of-the-year-2801
24/ (The Creeper has continued to be a best-seller, and Rihanna's partnership with Puma
has expanded to include the release of a trainer, a faux-fur slide and two hot-ticket runway


1238

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