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.