Kelly-Brown v. Winfrey

Judge SACK concurs in the result in a separate opinion.

STRAUB, Circuit Judge:

Plaintiff Simone Kelly-Brown (“Kelly-Brown”) is the owner of a motivational services business, Own Your Power Communications, Inc., that holds events and puts out publications under the registered service mark “Own Your Power.” Defendants Oprah Winfrey (“Oprah”), Harpo, Inc., and Harpo Productions, Inc. (collectively, “Harpo”), and Hearst Corp. and Hearst Communications, Inc. (collectively, “Hearst”) were involved in the production of a magazine, event, and website also employing the phrase “Own Your Power.”…