On Monday, we wrote of the plight of blogger Rachel Kane, who runs a Forever 21 satire site called WTForever21. Forever 21 does not like this, not one bit, and got in touch with a cease-and-desist, telling her to shut her site down, or else. While at first she felt she might have to bend to the will of the corporate entity, she has had a change of heart (good for her!) and is not going to give up so easily. She issued this statement today:
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.
Fight the man!