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KELLY-BROWN v. WINFREY

Docket No. 12-1207-cv.

717 F.3d 295 (2013)

Simone KELLY-BROWN and Own Your Power Communications, Inc., Plaintiffs-Appellants, v. Oprah WINFREY, Harpo Productions, Inc., Harpo, Inc., Hearst Corporation, Hearst Communications, Inc., Wells Fargo & Co., Estee Lauder Companies, Inc., Clinique Laboratories, LLC, Chico's FAS, Inc., ABC Companies (1-100), and John Does (1-100), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 31, 2013.

Attorney(s) appearing for the Case

Patricia Lawrence-Kolaras , The PLK Law Group, P.C., Hillsborough, NJ, for Plaintiffs-Appellants.

Jonathan R. Donnellan ( Ravi V. Sitwala , Debra S. Weaver , on the brief), The Hearst Corporation, New York, NY, Charles L. Babcock , Jackson Walker L.L.P., Houston, TX, for Defendants-Appellees.

Judge SACK concurs in the result in a separate opinion.

STRAUB, Circuit Judge:

Plaintiff Simone Kelly-Brown ("Kelly-Brown") is the owner of a motivational services business, Own Your Power Communications, Inc., that holds events and puts out publications under the registered service mark "Own Your Power." Defendants Oprah Winfrey ("Oprah"), Harpo, Inc., and Harpo Productions, Inc. (collectively, "Harpo"), and Hearst Corp. and Hearst Communications, Inc. (collectively, "Hearst") were involved in the production of a magazine...

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