Oprah Winfrey prevailed recently in a long-running trademark law dispute, Kelly-Brown v. Winfrey. In an unpublished order, the Second Circuit ruled that the plaintiff had failed to establish that the claimed mark, “own your power,” is distinctive. Oprah Winfrey’s use of the mark was, therefore, non-infringing.
Boise State University has a trademark registration for the color “blue” for the turf of its home football field, and BSU is enthusiastic about enforcing that mark against colleges and high schools across America. If your turf isn’t green, expect a call or letter from Boise.
“Last fall, Angel Seng, owner of Donut Taco Palace 1 off Highway 290 in southwest Austin, gained thousands of new fans after a popular sports website told the world about her signature Longhorn Donut.
One look at the yeast-and-glaze concoction that resembles the Hook ‘Em Horns hand gesture and you can understand why fans gobble it up.
But if you were thinking of celebrating the start of football season with a dozen, think again. The University of Texas has found some holes in Seng’s design.
Last month, Seng received a letter sent on behalf of the university citing a violation of trademark rights in relation to the Longhorn Donut and requesting that, when it comes to selling them, Seng yeast and desist.”
The IP Mall at the University of New Hampshire has recently made available copies of letters from the United States Copyright Office Appeals Board, addressing questions of copyrightability in connection with applications to register works of authorship.