Oprah’s next chapter – Court allows trademark infringement case to continue

Description

Abstract: The owner of a motivational services business holds events and releases publications under the federally registered service mark “Own Your Power.” After Oprah Winfrey and various other defendants began using this same mark, the owner sued. The district court found fair use. This article explains why the appeals court disagreed, vacating the district court’s judgment and remanding the case for further proceedings. Kelly-Brown v. Winfrey, No. 12-1207-cv, May 31, 2013 (2nd Cir.)