Rachel Kane: “It’s incredibly unlikely that any portion of the site would ever cause confusion in the minds of the general public about whether or not Forever 21 endorses or is affiliated with it.”
Get ready to witness one of the most absurd legal battles in recent times. Popular fashion brand Forever 21 is on the verge of suing Rachel Kane, author of the satirical blog WTForever21. Kane’s blog is based on poking fun at some of the hideous outfits and accessories available at Forever 21; ironically she also mentions her love for the brand in her about section. Last week, Forever 21 sent Kane a notice demanding she take her blog down by the 10th of June or they would sue her for “trademark infringement, copyright infringement, unfair competition and dilution”. The people at Forever 21 also think people will mistake Kane’s blog for the company’s website. Come on Forever 21, you can’t be serious.
Kane still hasn’t taken her site down so it looks like there’s going to be a fascinating lawsuit.
MissMalini says: I heart Forever 21 (and so does Rachel it seems) but I gotta represent my fellow blogerina on this one, plus she’s hilarious! Power to you Rachel from your desi girl blogger over in Bombay. xoxo
In an email Kane sent Jezebel she explained: “My site, WTForever21, does not infringe on any of Forever 21’s rights. It contains only criticism, commentary, and news reporting, all written in an educational and humorous manner, which are protected under applicable law. To the extent any of the material used on the site is in fact subject to intellectual property protection (which, in many instances, is by no means clear), the site’s incorporation of that material is a “fair use” under copyright, trademark law, and similar state law. It’s incredibly unlikely that any portion of the site would ever cause confusion in the minds of the general public about whether or not Forever 21 endorses or is affiliated with it. The blog in no way dilutes Forever 21’s trademark, as the company claims. If the company continues to makes threats that have no basis in law, my attorneys are prepared to vigorously defend me and seek all available legal redress against Forever 21. In the meantime, I am leaving the blog up. I look forward to returning to blogging about fashion atrocities like lime green, faux fur covered vests and candy colored booty shorts on WTForever21.com.”
Here’s the Problem: If Forever 21 wins this lawsuit what will it mean for the future of fashion critiques worldwide? Will bloggers have to start holding back on their opinions in fear of brands coming after them? We surely hope not! Though we shop at Forever 21 (MissMalini is a huge fan!), we fully support Kane and hope she wins the battle against the brand. Everyone should have the freedom to voice their opinion and judge bad fashion.