Entrepreneur “Owns” Oprah as Second Circuit Reinstates Trademark Suit

 Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

Flash Digest: News in Brief

By Charlie Stiernberg

Digital Public Library of America Goes Live, Sans Fanfare

ITC Rules Apple iPhone did not Violate Motorola Patents

Parties Race to Register “Boston Strong” Trademark with USPTO

Facebook to Face Jury Trial over “Timeline” Trademark

Timelines, Inc. v. Facebook, Inc.
By Ashish Bakshi – Edited by Dorothy Du

Facebook, Inc. (“Facebook”) lost its bid for a quick end to a trademark infringement suit filed by Timelines, Inc. (“Timelines”) over the social networking giant’s use of the term “timeline.” The court held that Facebook failed to show as a matter of law that Timelines’ trademark for “timeline” was generic or merely descriptive or, if the trademark were valid, that  Facebook’s use of the term constituted fair use. A jury trial will commence on April 22.

Flash Digest: News in Brief

By Michael Hoven

Apple v. Samsung Damages Award Cut by $450 Million

Yelp Review Can Help Show Consumer Confusion

ISPs Announce “Copyright Alert System” to Combat Infringement

Drug Testing of Welfare Recipients Likely Violates Fourth Amendment, Says 11th Circuit

FilmOn Sues Aereo for False Designation of Origin and False Endorsement under the Lanham Act

FilmOn v. Aereo
By Alex Shank – Edited by Michelle Sohn

Online TV site FilmOn.com, Inc. (“FilmOn”) filed a complaint against competitor Aereo, Inc. (“Aereo”) on counts of false designation of origin and false endorsement under the Lanham Act on February 7, 2013 in the United States District Court of the Central District of California. FilmOn also seeks declaratory judgment that it does not violate the Act and that any trademark right in the name “Aereo” claimed by Aereo is invalid.