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 In an unpublished order, the Second Circuit ruled that the plaintiff had failed to establish that the claimed mark, “own your power,” is distinctive.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.
Earlier coverage of the BSU trademark registration: http://madisonian.net/2009/12/01/blue-in-boise/
And from an earlier edition of this Trademark Law course: http://madisonian.net/home/?page_id=712
“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.”
- Fair Use (Classes 3, 4, and 5)
- Fixation (Class 6)
- Originality (Class 7)
- Idea/Expression (Class 8)
- Authorship and Ownership (Class 9)
- Compilations and Derivative Works (Class 10)
- PGS Works (Class 11)
- Characters and Architectural Works
- Elements of Infringement (Class 12)
- Reproduction Right (Class 13)
- Distribution Right (Class 14)
- Adaptation Right (Class 15)
- Public Performance and Public Display Rights (Class 16)
- Transfers (Classes 17 and 18)
- Infringement (Classes 19, 20, 21, and 22)
- Formalities (Class 23)
- Duration and Termination of Transfers (Class 24)