Trademark Review - Volume 3 | Issue 7 July 2013

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In This Issue:

• The Power Shifts Back to Kelly-Brown

• The Color Black Is Aesthetically Functional for Floral Boxes

• Louboutin’s Red Soled Shoes Keep Marching On

• Multiple Fashion Retailers Can Enjoy Use of “Saturday”

- Excerpt from The Power Shifts Back to Kelly-Brown:

The Second Circuit Court of Appeals reversed the dismissal of Kelly-Brown’s trademark infringement claims against Oprah Winfrey. Kelly-Brown owns the registered trademark OWN YOUR POWER for motivational seminars. Kelly-Brown sued Winfrey for infringement following Winfrey’s use of “Own Your Power” as a major headline on its monthly O Magazine, as the title of a promotional event that included a motivational seminar, and as a prominently featured aspect of the Oprah website.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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