This week, the Second Circuit affirmed Judge Crotty’s grant of summary judgment dismissing trademark claims against Oprah Winfrey over use of the phrase “Own Your Power” (see our previous coverage here). The Second Circuit agreed with Judge Crotty that use of the phrase “Own Your Power” was fair use and did not infringe on the name of the plaintiff’s motivational speaking business, Own Your Power Communications, Inc. This decision was based on the panel’s finding that the plaintiff’s “mark” was merely a descriptive phrase:
Continue Reading Second Circuit Affirms Summary Judgment in Trademark Case Against Oprah
11 Civ. 07875
Judge Crotty Dismisses Trademark Case Against Oprah Over Phrase “Own Your Power”
By Charles Michael on
In an opinion Thursday, Judge Crotty granted Oprah Winfrey summary judgment in a case that was brought by a motivational speaking business, Own Your Power Communications, Inc., and that accused Ms. Winfrey of wrongfully using the phrase “Own Your Power” in her magazine, on her website and elsewhere. Judge Crotty found that the mark had not acquired “secondary meaning” and thus was not protectable:
Continue Reading Judge Crotty Dismisses Trademark Case Against Oprah Over Phrase “Own Your Power”