Forever 21 has threatened to sue style blogger Rachel Kane for her blog WTForever21, which they claim does not represent the brand in a positive light, and having a site name that people may negatively associate with Forever 21 (though it says very clearly on her home page that the two entities are not affiliated). Why all the hullabaloo?
Well, most of us have heard of a little thing such as free speech…a.k.a the First Amendment (anyone? anyone?) which gives Rachel Kane all the right in the world to publish her site and criticize Forever 21′s (sometimes) preposterous outfits, garments, jewelery, accessories, etc. She totally gives credit to Forever 21 to owning the title Forever 21 and (I repeat) establishes that she is NOT affiliated with Forever 21 in any size, shape or form.
So why is she backing down and shutting down her site in the face of the Forever 21 Boogeyman?
Forever 21 is the Goliath of inexpensive clothing companies. They’re monstrous, corporate and mean. They also have locations across the globe, which gives them tons of influence and lots of money. Let’s be honest — it’s all about the money.
While Kane’s site is popular, it is not riddled with advertisements. Meaning: she’s probably not making much money off the site. Put her up against Forever 21 in a courtroom, and she will probably lose…and then be strapped with millions of dollars in legal fees.
Forever 21′s business practices have been criticized numerous times. I’ll spare you all of the problems they’ve encountered with the law (if you’re interested, check here), but they’ve definitely gotten into some trouble with wages and design infringement. Think about it — cheap, trendy clothing is too good to be legally legitimate. But, the owners of the company, Do Won Chang and Jin Sook, have managed to finagle their way out of problems (probably) by having great lawyers.
So what do you think, lovelies? Should Rachel Kane shut down her site, or should she fight back? Does something like this inspire you to refuse to shop at Forever 21? Where does the First Amendment fall into all of this?
magnolia / 1369 posts
Well, I think she should probably change the name of her site to not include the name of their company.
And second, she should probably not mention where the clothing is from or if she does just don’t make it forever21 exclusive. It makes it seem like she has some vendetta against them and if so then yes, I think they’re justified in taking her to court.
guest
You and I have rights like anyone else. Ever heard of “freedom from” and “freedom to?” Your rights can’t take away someone else’s rights or hurt them. Your rights are not guaranteed one hundred percent of the time. The “I have freedom of speech” argument doesn’t work. Yes, you have the freedom TO say what you want. But forever 21, other companies, other people, have the freedom FROM slander and negative accusations, etc. I’m not saying you or anyone else is stupid, but you really should read your rights and know the laws. For example, I live in Canada and have read “the charter of rights and freedoms” multiple times (hence why I’m knowledgable enough about to subject to comment). Forever 21, despite being a (what some would deem as a) “evil corportation” has it’s rights, too.
guest
This is ridiculous. So what if she doesn’t like the brand? It’s an opinion and in America, we are still free to have those. I have a hard time believing this case would even be seen in court.
guest
Well, she wouldn’t have a snowball’s chance in hell of winning up against their lawyers even if she could afford to hire an expensive lawyer of her own. Those corporate lawyers are scary as hell and can pretty much take down anybody that’s smaller than them.
I’ve never heard of her site, but if it’s not that popular, then I don’t see why they have their panties up in a wad about it. I think it’s kind of ridiculous and unnecessary; it’s not like Target or Wal-Mart is insulting them, it’s just a fashion blogger. But if I were her I would back down immediately too. First amendment or not it’s kind of a hopeless case going up against something that big.
guest
@kissmycouturex@xanga - Her blog wasn’t slander from a legal standpoint. The law’s definition is ”defamation by oral utterance rather than by writing, pictures, etc.” Slander from a non-legal standpoint is “a malicious, false, and defamatory statement or report”. If she personally doesn’t like their clothing, it’s not slander.
We don’t actually have the right to say what we want, evidently. We can just write it.
I’m not sure what you mean by negative accusations. Doesn’t seem like there were any accusations made against them by her.
rose / 802 posts
I think her site is hysterical & have long had it marked in my reader. DOesn’t Forever 21 have better things to do than intimidate bloggers into shutdown?
guest
They are an example of corporations using legislation to favor themselves, which is just as wrong as labor unions.
orchid / 221 posts
If I were the CEO of Forever21, I’d be pissed, but a lot of people complain about Forever21. Are they going to sue everyone?! But I don’t really care about this matter because Forever21 has stolen lots and lots of designs. They are the masters of knock offs in the worst way possible. They have a freakin’ legal department.
guest
Right…Forever 21 is just being a crybaby. Everyone is entitled to their own opinion. I think the only thing they rightfully have to sue the blogger for, is that she used photos from their website. If she had taken the pictures herself from items that she had bought, then I would say it would be ok, but many of the photos look like photos from the item descriptions on their website. The blogger should not be forced to shut down her site. I’m sure Forever 21 is crying all the way to the bank right about now.
guest
F21 are being jackasses. i haven’t shopped there in a while, but now i definitely won’t shop there again. i didn’t even know about their previous legal problems (aside from the knockoffs), very disturbing.
guest
Just another reason for me not to shop there. What a bunch of babies.
guest
Hahaha, her blog’s hilarious. I do like Forever 21 though.
guest
lol i mean why is they are suing her? She doesn’t invent stuff that isn’t there–they are real forever 21 merchandise that make you go WTF. It’s hilarious–What the company should do is not make shit that make you go WTF. How about that? idiots.
guest
@SuburbanSweetheart - Really, you would think that one person’s opinions in blog form wouldn’t matter all that much, considering how many stores they have and how many people will continue shopping there all the same. I was there yesterday and got a couple shirts, and this is the first time I’ve heard of her blog. But it’s hilarious and I’m on page 4 now and I hope she doesn’t have to shut it down. She has the right to express her opinions, make fun of clothes if she wants to. :/
daffodil / 1525 posts
What babies.
daisy / 598 posts
Oh my gosh, it’s not like she even has this super serious agenda against F21, she even says she likes F21. I think everyone agrees, there are some LOL worthy things at F21, which is why her site is great. THe fact that F21 can’t see where her humor is coming from is really sad and makes them seem like whiny brats who can’t handle. That’s really lame, F21.
guest
What babies. I don’t like Forever 21 and I openly mock some of the stuff I think are ugly when I go in. My opinion.
peony / 1 posts
Personally Forever21 doesn’t have a sense of humor or an ounce of ethics so they deserve ridicule. They’ll win this because of the title of her blog, but honestly the fashion house is owned by this Korean family and they are well known in the Korean community I don’t have anything against that per se, but I worked for a Korean fashion house and I know someone who works for Forever21 they pay their designers nothing and hate dishing out cash for marketing that helps make them more money. They fire head designers every 6 months and copy most of their designs. Most Korean houses are nightmares to work for and anyone who has worked for Forever21 usually warns people not to go there. They deserve this just like they deserve every lawsuit they get if they’d grow a freaking soul I wouldn’t have an issue with them, but they undercut other businesses and overall are just as bad as WalMart. Granted that’s my opinion but I’m privy to information whatever I hope F21 ends up downsizing eventually and get’s past their popularity eventually.
guest
She posted some positive responses towards their better clothing too, I don’t think they should step her down like that. She’s only a critic.She was even their avid customer until she got sued from them.
guest
Hahaha, her blog is hilaaarious. I just spent five minutes laughing at a Zoolander reference she made. That sucks that Forever 21 is full of greedy corporate pigs. Her blog is obviously just for fun and she should definitely not be punished for pointing out the fact that they clearly make some fugly clothes and accessories.
peony / 1 posts
wow, this is just ludacris!! her blog is great and like you said: free speech. no matter how big her readership becomes (although worth noting, F21, that by filing this lawsuit you’re only bringing MORE attention to the very thing you’re trying to destroy), it will still likely never eclipse the brand and presence the Goliath clothing chain has built.
Why so scared Forever 21?! If anything, they should partner with her…it’d be great press for both.
http://www.cupcakesomg.blogspot.com
peony / 1 posts
I find this entire thing ridiculous. She even does posts sometimes where she highlights what she LIKES in F21, where she points out that it can be great for budget fashion, so it’s not like her site is just pumping out slander 24/7. And she states on the About page that she shops at F21 herself.
That being said, I boycotted F21 after I watched the documentary “Made in LA”. It was pretty eye opening…
I hate that she’s probably going to back down, but I really don’t blame her. I would do the same thing. Those big company lawyers are scary, and they can twist anything against you.
guest
I just found out about that site from this article and I’m hooked. I’m on page 8 and I love that she is pointing out some of their ridiclous clothing that I normally overlooked. I haven’t found anything in that store that I liked since 2009 and I only got 2 pairs leggings and 2 tops! After looking through her site I can see why!
guest
Excuse me if I’m wrong, but if they could prove that her blog somehow hurt their sales, couldn’t her blog constitute as libel, which is not protected by the first amendment?
I understand how the situation is seen as ridiculous, but legally, if her blog constitutes as libel, would it not be illegal?
guest
I think that Rachel Kane should fight back because she’s technically not breakin’ any laws. I like the store so I’m still goin’ to shop there when I can, but they really need to back off of her because she has the right to ‘freedom of speech’.
peony / 1 posts
Interesting that as they’re harassing and suing the WTForever21 blogger they are simultaneously infringing and diluting someone else’s brand. An unauthorized version of the street art cult character, Speckles the loss cat, created by multi-media artist R.Land, began showing up on t-shirts on their website and in their retail stores a few weeks ago. The character was created by Land in 2001 and has been sold as art and apparel in stores, including Urban Outfitters, and on his websites since it made it’s debut on the street years ago . It looks like they took the shirt off their website today because they’ve been busted, but full details are here: http://www.mimickers.com and here: http://youthoughtwewouldntnotice.com/blog3/?p=10222#comments
guest
She’s fighting back it looks like and I’m glad. All she’s doing is criticizing the clothes and not all the criticisms are negative. We pay people to do this. She’s not making up lies or putting up clothes that aren’t theirs and saying that they are. It doesn’t sound like she’s breaking any laws. And she mentions that she’s working with lawyers and it seems that they said the cease and desist letters are baseless.
guest
@MangoWOW@xanga - I think she may be payed by the sites that she does free giveaways for to dis Forever 21.