Forever 21 Threatens Suit against Blogger

Forever 21 Threatens Suit against Blogger

Rachel Kane, owner of, recently received a cease-and-desist letter from clothing retailer Forever 21. Apparently, the retailer is not amused by Kane's sartorial criticism and has accused her of engaging in "trademark infringement, copyright infringement, unfair competition and dilution" through her website. The retailer's letter, provided by Kane's counsel Charles Colman upon request, speaks for itself. (You can read it by clicking on the link above.)

Regarding Kane's feelings on the case, she has issued this public statement:

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

Seems it will be up to Forever 21 to prove likelihood of confusion and lack of fair use.

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