Forever 21 has faced a number of lawsuits over its designs since the beginning of the year. The company has been sued by Indie brand Valfré, activewear brand Alala, jewelry brand Sorelle, designer Gucci, and and sports brand Adidas.
The most recent allegation against Forever 21 is coming from indie brand Wildfang. CEO of Wildfang, Emma Mcilroy, made statement asserting that Forever 21 was selling a T-shirt that’s nearly identical to the brand’s highly recognizable “Wild Feminist” t-shirt.
She wrote: “Hey Forever 21, You SUCK. Please stop ripping us off.” With a hash tag #TrademarkInfringement.
Between the two brands, there are a few differences — Forever 21’s version of the shirt is Maroon in Color and sells for $10.90 with 100% of the profit going to the company while Wildfang’s shirts are black-and-white, sell for $40 with 10% of the profit shared between the ACLU and Planned Parenthood.
Reacting to Emma Mcilroy’s statement, the founder of the Fashion Law, Julie Zerbo, said Wildfang should have a case given that the company filed a federal application for the trademark “Wild Feminist” to be used on their shirts and jackets since 2016, although the application is still pending approval. Although the Forever 21’s “Wild Feminist” T-shirt is no longer for sale, but according to Zerbo, that doesn’t mean that all is good and settled between the two brands.
Zerbo added that the withdrawal of Forever 21’s T-shirt from the market does not take into account or remedy any sales that it has made by using Wildfang’s mark. In order to recover damages, including lost profits, Wildfang would likely have to file a [trademark] infringement suit.”