Commentary

Blogger Revives Forever 21 Parody Site Despite Legal Threats

Reversing course, Rachel Kane, creator of the parody site WTForever21.com, has decided to continue with her blog despite the clothing retailer's threat to sue.

"After two legally baseless cease-and-desist letters from Forever 21, two painstakingly researched responses, and zero substantive replies from Forever 21's legal team, I have no choice but to interpret the company's non-responsiveness as an admission that my blog, WTForever21.com, does not infringe any of Forever 21's rights," Kane says in a blog post.

Last week she resumed poking fun at the store's merchandise, with posts mocking clothing and accessories like sleeveless shirts with fringe running along the bottom, cutoffs with fringe, and a "beaded Navajo necklace," which she described as a "stereotypical and insulting facsimile" of indigenous people's "sacred garb."

The dispute between Forever 21 and Kane started in April, when the company sent Kane a letter accusing her of trademark infringement, based on her use of the company's brand in the blog's name, and copyright infringement, stemming from her use of the images on the Forever 21 Web site.

Last month, Kane blogged about Forever 21's demands and said that she would probably shutter the site rather than fight the retailer in court. After the dispute became public, however, many observers said that she seemed to have a strong case on a trademark infringement claim because she wasn't using the Forever 21 brand name in commerce, but to express opinions. Judges throughout the country have repeatedly ruled that companies can't shut down speech they don't like by asserting trademark infringement. Kane additionally seems to have defense for the copyright infringement claim, including fair use.

Observers also questioned whether Forever 21 was doing itself any favors from a marketing perspective by targeting a blog that mocked its clothes.

At this point, it's not clear whether Forever 21 thought better of picking a fight with Kane, or simply decided to wait for her to force the issue. She tells MediaPost that Forever 21 responded to her two letters to the company, but didn't address her legal arguments. "Rather than engaging in a dialogue, they just said, once again, that unless I took down WTForever21.com and never started another blog like WTForever21.com, I would have a lawsuit on my hands," she said in an email to MediaPost.

Eventually, however, Kane seems to have decided that Forever 21 was bluffing. "My attorneys and I wouldn't tolerate the company continuing to use these hollow threats to prevent me from exercising my freedom of speech," she writes.

Whether Forever 21 intends to file suit is anyone's guess. But even if the company can prevail on one or more of its claims, suing a blogger for mocking your company doesn't seem like a particularly good strategy.

1 comment about "Blogger Revives Forever 21 Parody Site Despite Legal Threats".
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  1. Bruce May from Bizperity, July 7, 2011 at 12:08 p.m.

    This is such a central issue for blogers I wish we could get some clarity on the law. Perhaps you could interview Ms. Kane's attorneys. It would be a great folllow up blog.

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