What's In A Name: FOREVER 21 vs. WTFOREVER 21

(Image source: Google image of the retail giant/registered trademark owner)

What's In A Name: FOREVER 21 vs. WTFOREVER 21

KNBC LA promoted its 11 pm News earlier this evening with a repeated story alert with respect to the third party retail satirical blog entitled, WTFOREVER 21 with the corresponding domain name, www.wtforever21.com

Here are the basic elements of this matter:

1. The Registered Trademark and Service mark and corresponding domain name registration

a. The Mark: FOREVER 21

Current USPTO TESS record at www.uspto.gov:

Goods and Services IC 042. US 100 101. G & S: retail store services featuring clothing and accessories, jewelry, handbags, and wallets. FIRST USE: 19890301. FIRST USE IN COMMERCE: 19951011
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74646617
Filing Date March 14, 1995
Current Filing Basis 1A
Original Filing Basis 1B
Published for Opposition November 28, 1995
Registration Number 2067637
Registration Date June 3, 1997
Owner (REGISTRANT) Fashion 21, Inc. CORPORATION CALIFORNIA 750 East 14th Street Los Angeles CALIFORNIA 90021

(LAST LISTED OWNER) FOREVER 21, INC CORPORATION DELAWARE 2001 SOUTH ALAMEDA STREET LOS ANGELES CALIFORNIA 90058
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record BRUCE B BRUNDA
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070316.
Renewal 1ST RENEWAL 20070316
Live/Dead Indicator LIVE

and others registrations for apparel, cosmetics and jewelry...

b. The Domain Name and website of the Registered Owner/Retail Giant:
www.forever21.com

2. The third party user of WTFOREVER 21 and the corresponding domain name registration

a. The blog title or common law trademark use:

(Image source: www.wtforever21.com)

b. The domain name registration of the third party user:

http://wtforever21.com/

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3. Media blog article of the third party user of WTFOREVER 21

Hilarious Blog Alert: WTForever21

Jessica Wakeman
11:00AM, 12/18/2010

http://www.thefrisky.com/post/246-hilarious-blog-alert-wtforever21/

4. Comments/Considerations: Trademark Infringement and/or Dilution

a. Trademark Infringement

Is there a likelihood of confusion between these two marks?

note: The KNBC LA news story indicated that the third party user received a letter from the Registered Owner claiming trademark infringement and disparagement of their mark and has demanded that the user stop use by June 10th...

b. Dilution.

Is the user of WTFOREVER 21 a dilution, e.g., tarnishment, of the registered mark, FOREVER 21?

What do you think?

Respectfully,

William E. Maguire, Esq.
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, CA
www.TrademarkEsq.com

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