Kelly-Brown v. Winfrey
United States Court of Appeals for the Second Circuit
717 F.3d 295 (2013)
Kelly-Brown (plaintiff) registered "Own Your Power" as a service mark for her motivational business, running a radio show, conferences, and a blog under it. Around the same time, Oprah Winfrey (defendant) registered "OWN" for her media network and, afterward, her media outlets began prominently featuring the phrase "Own Your Power" on a magazine cover, across her website, and as the theme of a promoted motivational event. Kelly-Brown sued for trademark infringement, and the district court ruled for Winfrey, finding her use of the phrase amounted to fair use.
Whether the Lanham Act's fair-use exception is an affirmative defense requiring the defendant to prove the term was used in good faith and in a descriptive manner for a purpose other than as a mark.