Oprah Pushes 2nd Circ. To End 'Own Your Power' IP Suit

Law360, New York (September 25, 2012, 8:47 PM EDT) -- A lawyer for Oprah Winfrey on Tuesday asked the Second Circuit to kill a lawsuit claiming her magazine "O" infringed a motivational coach's trademark by using the phrase “own your power” on the cover, arguing fair use.

Oprah's lawyer told a panel on the appeals court that the phrase, used on the October 2010 cover of Oprah's “O” magazines, did not infringe on a trademark held by Simone Kelly-Brown, the head of a motivational services company that focuses on entrepreneurs.

“This is a common phrase in...
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