Forever 21 threatens to sue blogger for “trademark infringement”

Forever 21, the giant clothing company frequented by broke high school girls and early 20-something wanna be fashionistas on a budget (including yours truly), is threatening to sue a blogger over the name of her site, which the company says is diluting the brand.

Rachel Kane’s blog WTForever21 critiques the store’s less-than-appealing finds, like the blue ruffled romper with the zipper down the front (seriously?), or the seizure-inducing vacation jumpsuit (seriously.).

Forever 21 is not amused.

The company is threatening to sue Kane for trademark infringement and unfair competition unless she takes down her site, based on the fact that she uses the company’s name in the title and URL of her blog. (Kane has a little blurb on her website stating that it is in no way affiliated with the company Forever 21.) They also take issue with the fact that she posts pictures of the clothes from the company’s website in her blog entries.

Forever 21 is no stranger to legal issues. The company has found itself in hot water more than once over copyright issues for allegedly ripping off other designers and companies. It’ll be interesting to see how they fare on the other side of things.

I’m particularly interested in this idea of “unfair competition.” I don’t really know what they’re getting at with that one. She’s not selling anything… Can they extend competition to include competing for space in people’s heads? If I walk by a Forever 21 in the mall, and it reminds me of the blog, is that competition? Maybe the blog is making her some sort of exorbitant sum of money that I’m not aware of from the few Google AdSense ads on the site?

She has until tomorrow to take her site down. I guess we’ll see what happens, but in the meantime, I’ve found my new favorite humor blog.


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3 Responses to “Forever 21 threatens to sue blogger for “trademark infringement””

  • Comment from Kate

    I love Forever 21 but I think it’s hilarious that someone has a blog like that. Anyone who shops there KNOWS that they have cheap crappy clothing but its cute and affordable so who cares?! They shouldn’t be suing the poor girl, she has a right to express her opinion… First Amendment!

  • Comment from Christian Crider

    It seems to me like it would be fair use as a parody, but who knows. Just the threat of a lawsuit is enough to get some people to take it down.

  • Comment from Debbie Wolfe

    I’m still laughing from having read the WTForever21 blog. The treatment of the shoe ring holder was especially on target. I’ve even signed up for e-mail notifications for when new content gets posted. I really like how you have done your own post on this topic and the way you have skillfully provided background links along the way. This is precisely the type of thought provoking blog post that will get noticed by many. Well done.

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