Forever 21 nails down spa in trademark suit

Fashion retailer Forever 21 has sued a US-based nail spa for trademark infringement.

Forever 21 filed its suit (pdf) against Forever 21 Nail Spa, a beauty business based in Florida, at the US District Court for the Southern District of Florida on Monday, February 27.

The retailer argued that its trademark had been infringed in violation of the Lanham Act and that the defendant also competed unfairly and designated false origin under the act.

Forever 21 also said that its mark had been diluted and its trade name infringed, and that the defendant violated the Florida Deceptive Unfair Trade Practices Act and the Florida Trademark Act.

The suit added that the fashion company’s mark had been wilfully and intentionally infringed.

According to the suit, Forever 21 has been engaged in “retail sale of a wide variety of clothing and accessories” since 1989.

The company has 650 stores worldwide, including 525 in the US and 32 in Florida, and has over “$4 billion in sales worldwide”.

Forever 21 owns marks for the term ‘Forever 21’, which were registered from 1997 to 2011.

In November last year, the retailer sent a cease-and-desist letter to Forever 21 Nail Spa, but the defendant still continues to market and advertise under Forever 21’s  marks, the suit said.

The fashion company added that it will continue to suffer damage to its business, reputation and goodwill, and lose sales and profits because of the defendant’s actions.

Forever 21 asked for a preliminary and permanent injunction against Forever 21 Nail Spa, damages, costs, attorneys’ fees and a trial by jury.

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