Guest blog post by Melanie Garcia. Melanie is a Summer Associate in the Washington, D.C. office of DLA Piper LLP. She is a J.D. Candidate at the Georgetown University Law Center.
Unhappy customers have been embracing the Internet for years to vent their frustrations with companies. Lately, several bloggers have capitalized on websites that lampoon popular companies and companies are beginning to fight back.
Recently, Forever 21 threatened to sue fashion blogger Rachel Kane for diluting its brand and trademark with her blog, WTForever21.com. Forever 21, a global retail chain of clothing and accessories for young men and women, reportedly sent cease-and-desist letters to Ms. Kane regarding her blog. On WTForever21.com, Ms. Kane posts and satirizes images of clothing from Forever21.com. For example, on April 14, 2011 Ms. Kane posted a picture of earrings from Forever 21 with the following caption, “Those bead curtains that provide no privacy and serve no other purpose than to get tangled around each other, or in your hair when you walk through them, came back from 1973 and decided to become earrings.” While this is understandably offensive to the company, it seems Forever 21 has chosen not to pursue further action against Ms. Kane.
There are many reasons why Forever 21 may have chosen not to bring a suit against Ms. Kane.