2nd Circ. Asked To Revive Oprah 'Own Your Power' IP Suit

Law360, New York (May 11, 2012, 6:31 PM EDT) -- Marketing company Own Your Power Communications Inc. on Thursday urged the Second Circuit to reverse a lower court's dismissal of its case claiming Oprah Winfrey and her magazine infringed the company's trademarked “Own Your Power” phrase.

Simone Kelly-Brown, the owner of Own Your Power, said in a brief that the district court had misapplied the Lanham Act and wrongly treated the phrase as if it was merely descriptive.

“The district court’s limited Polaroid analysis at the pleading stage was improper, incomplete and flawed,” she said in...
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