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17 November 2017Trademarks

Forever 21 opposes ‘Forever Young’ trademark

WIPR has reported on fashion retailer Forever 21 numerous times this year, from its fights with Adidas and Gucci to its war on counterfeiting, and this time we report on a trademark opposition filed by the company.

Forever 21 filed the  opposition against the mark ‘Forever Young 15’, on Monday, November 13.

Jerry Noh, the associate director and senior counsel of Forever 21, opposed the applied-for mark in a filing at the Trademark Trial and Appeal Board (TTAB).

US number 87,484,456, which was applied for in June this year by Michael Coger, a New Jersey-based individual, covers class 25 (hats, t-shirts and hoodies).

The mark depicts a shield with two lions resting above the number 15, with the words ‘Forever Young’ below.

“Opposer 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 trademark,” said the opposition.

Forever 21 owns marks for its name, including US numbers 2,067,637 and 2,583,457, which were both noted in the opposition.

The retailer claimed that use of the applied-for mark will dilute the “distinctive quality” of the ‘Forever 21’ trademark, and is likely to “cause confusion, deception and mistake”.

Forever 21 has actively tried to protect its IP this year. In March, WIPR reported that the retailer had sued a US-based nail spa, called Forever 21 Nail Spa, for trademark infringement.

In the lawsuit, Forever 21 claimed that it will continue to suffer damage to its business, reputation and goodwill, and lose sales and profits because of the defendant’s actions.

Then, in October, Forever 21 settled with two companies it claimed had infringed copyright on a pattern that features on harem pants sold by Forever 21.

However, Forever 21 is not just taking on smaller companies. It’s currently involved in brawls with Adidas, over the sportswear company’s three-stripe trademark, and Gucci, over the f ashion brand’s striped marks.

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Forever 21 opposes ‘Forever Young’ trademark

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More on this story

Trademarks
6 March 2017   Fashion retailer Forever 21 is no stranger to IP lawsuits, but this time it’s personal—with the company attacking Adidas in its latest claim.
Copyright
26 October 2017   It’s been a busy year for Forever 21 in terms of IP lawsuits, with the retailer taking on luxury brand Gucci and accusing Adidas of taking its protection of its ‘three-stripe’ trademark too far.