Second Circuit Revives Trademark Suit Against Oprah Winfrey

Kelly-Browne et al. v. Winfrey et al.

Vacating a district court's grant of a motion to dismiss a trademark infringement claim against defendants Oprah Winfrey, Harpo, Inc. and Harpo Productions, Inc. (collectively, Harpo), the U.S. Court of Appeals for the Second Circuit disagreed with the lower court's holding that defendants demonstrated fair use of plaintiff's mark and also held that plaintiff is not required to make a threshold showing that defendants used the phrase at issue as a "trademark in commerce" in order to state a claim for infringement under the Lanham Act. Kelly-Browne et al. v. Winfrey et al., Case No. 12-1207-cv (2d Cir., May 31, 2013) (Straub, J.) (Sack, J., concurring).