Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Kelly-Brown v. Winfrey

United States Court of Appeals for the Second Circuit
717 F.3d 295 (2013)


Ms. Kelly-Brown (plaintiff) owned a motivational services company that promoted the concept of “Own Your Power.” Kelly-Brown had registered the term as a service mark and hosted a radio show, conferences, and a blog under the mark. Oprah Winfrey was an internationally known celebrity whose ventures included a television show, a magazine, a website, and other media outlets. At approximately the same time as Kelly-Brown was registering “Own Your Power” as a service mark, Winfrey south to register the mark “OWN” for the Oprah Winfrey Network. Winfrey became aware of another mark, “OWN Onyx Women Network” during a trademark search and purchased the rights to that trademark from its original owners. After trademarking “OWN,” Winfrey’s media empire began using the term “Own Your Power.” It appeared prominently on the cover of an issue of the magazine, in multiple locations on the website, and as the theme of an Oprah-sponsored motivational seminar and workshop event, which was promoted as the “First-Ever Own Your Power Event.” Kelly-Brown sued Winfrey under the Lanham Act for trademark infringement. The district court held for Winfrey, determining that Winfrey’s use of the term amounted to fair use.

Rule of Law


Holding and Reasoning (Straub, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial