Blogger Behind WTForever21 Says She Won’t Back Down
We (and everyone else in the fashion media world) were appalled to hear about Forever 21‘s threat to sue Rachel Kane of the satirical WTForever 21 blog. They’ve accused her of “copyright infringement, trademark infringement, unfair competition and dilution”, which is really, really insane. Kane’s blog doesn’t sell counterfeit goods or claim to be in any way associated with the brand! She is, for all intents and purposes, a critic — nothing more. This is indeed something that is protected under law. (Don’t even get us started on Forever 21′s own copyright issues.)
Forever 21 told Kane they would go through with the lawsuit unless she shut her blog down by June 10. Well, it’s June 14, and WTForever 21 is still kicking. To which we say: YOU GO, GIRL.
Here is the statement Kane sent 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.
There’s been no word on whether Forever 21 has made good on its litigious promise. A case like this will definitely cost Kane a pretty penny (by the way, she doesn’t sell ads or make money any other way off of her site), whereas the legal fees will be nothing but a drop in the bucket for the fast fashion behemoth. That said, there’s nothing that warms our heart quite like a little David/Goliath action.
[via Jezebel]
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http://www.delectablychic.com CynthiaC.M.
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