Ever-protective of its brand, Forever 21 sues nail salon
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Never, ever use our name, says Los Angeles-based Forever 21 Inc. in its lawsuit against the owners of Forever 21 Nail Spa, a West Palm Beach, Florida salon.
According to Wednesday’s The Fashion Law blog, the suit was filed in the U.S. District Court for the Southern District of Florida, claiming trademark infringement, dilution, false designation of origin, unfair and deceptive business practices and unfair competition arising from “intentional infringement” of Forever 21’s trademarks.
In its complaint, Forever 21 alleges that the Florida-based Nail Spa, despite a cease-and-desist letter from the trendy clothing chain, has continued to infringe its intellectual property. Forever 21’s trademarks, which hold federal registrations, date back to 1997, according to the blog.
In the suit, accessed by Fashion Law, Forever 21 claims that the nail salon has imitated its registered trademarks in its “signs, displays, advertisements, packaging, website content… and other materials used in commerce” in an intended matter that is “likely to cause confusion.”
Forever 21 is seeking an injunction that preliminarily and permanently prevents the salon from “any further infringement and/ or dilution of Forever 21’s trademarks” and from “any further acts of unfair competition.” The clothing outlet is also seeking damages and all profits derived by the salon in connection with its unlawful activity, according to the blog.
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