Monday, 01 August 2011

Trademark Infringement Lawsuit against Oprah Winfrey

Trademark Infringement Lawsuit Filed Based on Registered Trademark for “Own Your Power”:

A trademark infringement lawsuit filed against Oprah Winfrey is set forth below.  Please note that there is a trademark registration for “Own Your Power” for words, letters and/or numbers in stylized form with a first use date of November 5, 2006 filed by Simone Kelly-Brown (see below).  There is also a registered trademark for “Own Your Power” registered to Marin Solar, Inc. for solar power and electrical systems with a first use of 2007 (see below).  Note that Oprah uses the term on her website to suggest women “seizing the moment” and female empowerment. 

Few trademark infringement claims result in trademark infringement litigation.  The cost of litigation is expensive.  Instances of little companies taking on powerhouses like Oprah Winfrey are even rarer.  Regardless, trademark law dictates that whoever used the trademark in commerce first within a market segment will almost always have superior trademark rights.  The instances of companies stumbling into an infringement situation continue to rise as a result of the growth of the internet and online marketing.

Kelly-Brown v Oprah

Trademark Filed by Simone Kelly-Brown:

77177350

Trademark Filed by Marin Solar, Inc.:

77063339

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How to Trademark A Name?

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    Specific types of trademarks include: Service marks which identify and distinguish the source of a service rather than a product; Certification marks are used by someone other than its owner, to certify quality or other characteristics of such person's goods or services; Collective marks are trademarks or service marks used by the members of a collective group or organization.
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