A U.S. District Court judge in California ruled in favor of Joseph Tierney, the graffiti artist more commonly known as “Rime,” clearing the way for his legal claims against Jeremy Scott and Moschino to move forward.

In October, Scott, who is Moschino’s creative director, filed a declaration in the Central District Court of California claiming that a graphic artist at Moschino “selected and created” the print in question. Tierney filed a suit this past summer alleging copyright infringement, among other things. Rime claims Scott appropriated elements of the “Vandal Eyes” mural he did on the side of a Detroit building in 2012 into his fall collection for Moschino. Katy Perry wore one of the dresses bearing the print to the Costume Institute Gala at the Metropolitan Museum of Art in May.

Moschino SpA is also named in the suit, but Perry is not. In September, the designer was served legal papers at the premiere of his documentary “The People’s Designer” in Los Angeles. In his declaration to strike the complaint, Scott said he “had the idea of doing a graffiti-based collection,” but did not design the print. The person who did allegedly design the print was not identified in the filing.

Wednesday’s decision by U.S. District judge Stephen V. Wilson denied motions to dismiss and motions to strike that were filed separately by Moschino and Scott. The next court date is set for May 23, according to Tierney’s attorney, Jeff Gluck. Executives at Moschino and Jeremy Scott could not be immediately reached for comment.

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