Oprah Winfrey has not shown that her use of the "Own Your Power" mark constitutes a fair use defense to trademark infringement, the U.S. Court of Appeals for the Second Circuit ruled on May 31.
The decision reversed a lower court and reinstated the Lanham Act claim of Simone Kelly-Brown, owner of the motivational services company Own Your Power Communications Inc., against Winfrey, her company Harpo Productions Inc. and the Hearst Corporation, the publisher of O The Oprah Magazine.
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