Forever 21 is no stranger to legal trouble. The company, which is often accused of copyright infringement and has filed lawsuits against other retailers for the same reason, is in the weeds again — however in a more unconventional manner than usual. The fast-Fashion giant’s latest legal battle is with a similarly named nail salon in Florida, Forever 21 Nail Spa.
In the lawsuit, which Forever 21 filed at the U.S. District Court for the Southern District of Florida, the retailer accuses the salon of “trademark infringement and dilution, false designation of origin, unfair and deceptive business practices and unfair competition.”
Forever 21 asserts that it holds registered and common law trademarks for the name and alleges that the salon has been using these trademarks to promote its business. The company also details that it sent the salon a cease and desist letter on November 3, 2016 demanding it stop marketing its services with the trademark, but it has not.
The retailer feels the salon using its trademark is damaging to its current business, its intellectual property, and the reputation attached to the trademark. “Forever 21 has expended considerable sums in exerting every effort to maintain the highest standard of quality for its products, and has created valuable goodwill among the purchasing public under its Forever 21 trademarks,” the lawsuit reads. The company also asserts in the suit that it has lost sales through the salon’s use of the trademarks. “By reason of Defendant’s acts, Forever 21 has suffered and will continue to suffer damage to its business, reputation and goodwill, and the loss of sales and profits FOREVER 21 could have realized but for Defendant’s acts.”
Forever 21, which recently entered the Beauty market with its own goods, believes the salon’s name is misleading to customers and might lead many to mistaking the two businesses. It also feels that the salon is pointedly using the trademark for its own profit and reputation. The “Defendant has used the Forever 21 trademarks in a deliberate and calculated attempt to trade upon Forever 21’s popularity, goodwill and reputation,” the suit claims.
The Los Angeles headquartered brand is seeking a preliminary and permanent injunction to prevent the salon from “further infringement and/or dilution of Forever 21’s trademarks and from any further acts of unfair competition.”
The news of this lawsuit comes after Forever 21 slammed fellow sportswear brand adidas with a suit last week after the retailer threatened legal action over the use of stripes on pieces of clothing.
“Tired of operating with a cloud over its head with regard to its right to design and sell clothing items bearing ornamental/decorative stripes, and unwilling to stop doing something it has every right to do and pay a bully to leave it alone, Forever 21 has decided that enough is enough,” the lawsuit reads according to The Fashion Law. “Forever 21 is not infringing any Adidas trademark and has not breached any agreements with Adidas. This matter is ripe for a declaratory judgment.”
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