Last week, Forever 21 told blogger Rachel Kane to take down her website, WTForever21.com, by Friday or else they’d sue her for trademark infringement and defamation. Well, now it’s Monday, and the website’s still there, which means we may have a potentially fascinating (and ironic) lawsuit unfolding before us. Kane explained herself in an e-mail to Jezebel:
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.
We second that.