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U.S. District Judge Paul Crotty in Manhattan ruled on
Thursday that Winfrey, her company Harpo Productions Inc and her
publisher Hearst Corp demonstrated that the phrase "lacks the
requisite distinctiveness" to deserve trademark protection.
Crotty also said Simone Kelly-Brown, a motivational speaker and
business coach who said she trademarked the phrase in 2008, and
her company Own Your Power Communications Inc did not show that
Winfrey's use of the phrase would likely confuse consumers.
"Though they may aspire to do so, plaintiffs present no evidence
indicating a likelihood of creating a global media presence
capable of attracting an audience of millions," Crotty wrote.
Patricia Lawrence-Kolaras, a lawyer for the plaintiffs, said her
clients plan to appeal Judge Crotty's decision.
Jonathan Donnellan, Hearst's deputy general counsel, said the
defendants are pleased with the decision.
Crotty previously dismissed the lawsuit in March 2012, only to
have a federal appeals court revive it 14 months later because
the defendants did not show that their use of "Own Your Power"
constituted fair use.
In Thursday's decision, Crotty said the defendants made that
showing by having used the phrase in good faith, in conjunction
with other words and images associated with Winfrey, and to
convey an "overall message of self-empowerment."
Winfrey, 61, is one of the most popular talk-show hosts in
history. She runs the cable network OWN, which she created in a
joint venture with Discovery Communications Inc.
Forbes magazine on Thursday estimated Winfrey's net worth at $3
billion.
The case is Kelly-Brown et al v. Winfrey et al, U.S. District
Court, Southern District of New York, No. 11-07875.
(Reporting by Jonathan Stempel in New York; Editing by David
Gregorio and Andre Grenon)
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