On the heels of Chanel’s lawsuit against the owner of the Indiana-based Chanel’s Salon, Forever 21 is taking on a similarly named nail salon. According to a newly-initiated lawsuit that the Los Angeles-based fast fashion giant filed in the U.S. District Court for the Southern District of Florida, Forever 21 Nail Spa (“Nail Spa”), is on the hook for trademark infringement, dilution, false designation of origin, unfair and deceptive business practices and unfair competition arising from its “intentional infringement” of Forever 21’s trademarks.
In its complaint, Forever 21 alleges that the Florida-based Nail Spa, despite having been put on notice of its infringing activities, has continued to infringe its intellectual property. Forever 21 claims that in November 2016 it sent the Nail Spa a cease and desist letter demanding the immediate halt of any “selling, distributing, advertising and marketing [of] any goods and/or services bearing Forever 21’s marks.” Nevertheless, the Nail Spa has continued to market and advertise its services by using Forever 21’s valuable marks, in which it holds an array of federal registrations - some of which date back to 1997.
Forever 21 claims that the Nail Spa has reproduced, counterfeited, copied and/ or imitated its registered trademarks and has applied said infringements to “signs, displays, advertisements, packaging, website content… and other materials used in commerce” in an intended matter that is “likely to cause confusion and/ or mistake and/ or to deceive.”
The fast fashion giant goes on the allege that it has “become well known to consumers through its hard work, innovation and substantial investment in branding” and that is has “created valuable goodwill among the purchasing public under its Forever 21 trademarks.” As such, the Nail Spa’s “unlawful copying and use of the Forever 21 trademarks … is likely to cause confusion and likely to dilute, blur and tarnish the distinctive quality of the Forever 21 trademarks.”
In addition to calling out the Nail Spa for repeatedly using its registered marks, Forever 21 also argues that it is being done with the “knowledge of the fame and reputation of the Forever 21 trademarks with the purpose of usurping such rights and to willfully and intentionally confuse, mislead, and deceive members of the public.”
As such, Forever 21 is seeking an injunction that preliminarily and permanently prevents the Nail Spa from “any further infringement and/ or dilution of Forever 21’s trademarks” and from “any further acts of unfair competition.” The fast fashion giant is also seeking damages and all profits derived by the Nail Spa in connection to the unlawful acts stated in the complaint.
* The case is Forever 21, Inc. v. Forever 21 Nail Spa, 9:17-cv-80244-RLR (S.D. Fla.).