Sep
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Oprah® will not be elected Mayor of Waldo any time soon
September 20, 2006 | 16 Comments
If you spend any time at all in the Waldo neighborhood then you have probably seen the Oprah® For President signs. For the last few years retired teacher Patrick Crowe has been running an odd campaign to draft Oprah® Winfrey into running for President. This campaign has displeased Her and now She is suing for trademark infringement. You see, She has trademarked Her first name. I wonder if people now have to get Her permission to name their kids Oprah®??
- The Smoking Gun: Oprah® seeks to avoid 2008 draft
- www.oprah08.net
- Pitch Weekly profile of Patrick Crowe
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This is way more clever than their campaign to feed the hung.
I really don’t think that there is a real analogy between the use of Oprah’s name in a clear referance to her public persona and someone choosing to name their child by that name. Are you saying thst Oprah does not have the right to protect her public image from crackpots who utilize her persona without permission? Exactly what is your point?
Who is John Crowe? Don’t you mean PATRICK?
Secondly, the link takes you to page TWO of the article. People who want to read this story should skip back a page to read from the beginning.
With that said, I think that as much as I respect Oprah for her work with African children and her other humanitarian work, suing this guy is DUMB. Can he really hurt her image? She’s Oprah Freakin’ Winfrey!!! Her image was more injured by going out of her way to tell America that she’s not gay with her girlfriend Gayle! (By the way, what WAS that about?)
She says using the ” Oprah name “falsely implies” that she and her firm, Harpo, Inc., sponsor or endorse the campaign.” Yeah, right.
The ego of these rich corporate people/companies is ridiculous. They would trademark the sound their ass makes when they fart if they could, and then sell it as a ringtone. Seriously, you can’t trademark your first name.
Give me a break. This guy’s “campaign” is so amateurish, it couldn’t convince people that the sun comes up in the east, let alone make anyone think that Oprah’s giant Harpo World-Wide Omnimedia® is even remotely involved. Crowe’s campaign makes Clay Chastain look like Karl Rove.
He’s just living the American Dream™ – trying to make an easy buck off of people who will buy stupid crap they don’t need.
Jeez, they’re demanding he not use the name Oprah, Ms. Winfrey, The Oprah Winfrey Show or any other of their brands in any “media” without “express written consent.”
What about free speech? Or fair use as it applies to trademarks?
The whole presidential campaign is rather silly. But it’s hard to argue Crowe’s actions do more to hurt the value of their “property” than their heavy-handed intimidation of a retired school teacher.
The various personal opinions of Ms. Winfrey aside, it would appear that Mr. Crowe clearly exceeded the fair use as it applies to trademarks. If Mr. Crowe is so interested in politics he should run for office himself rather than using the name of an entertainer to garner unwarrented media attention. Oprah is quite within reasonable right to legally persue Mr. Crowe for trademark infringement.
I think the issue here is that he is using just the name “Oprah” – her first name. At least that’s how I understand this.
He’s not using Oprah Winfrey or Harpo, or a picture of her.
Would it be an infringement to sell shirts that say “Vote for Hillary?” How about “I play basketball like Mike” or “Drive it like Tiger” or “I know Brad and Angelina”?
We all know who these names refer to, but you can’t really trademark a first name, can you?
What if he sold shirts that said “Vote for “O”? Can you trademark ONE LETTER?
I’m not a lawyer, but it really seems like a stupid thing for celebrities to worry about, yet also kind of sleazy for people to try and make a quick buck off of celebrities.
Orca Winfrey is a fat, whiney, starstruck bitch who had “the most humiliating experience of her life” at a Paris department store…sheesh…
So what, Tim? Mr. Crowe, a retired school teacher, has spent $65,000 on a fool’s errand. I guess it is easier to make fun of Oprah.
BlogKC, you might learn the difference between being sued and being served a cease and desist order. As far as I can tell, no lawsuit seems to have actually been filed. Furthermore, should she allow Mr. Crowe to use her trademarked name she effectively opens the door for anyone to do the same without regard to her desires or her reputation and image. Her actions aren’t about Mr. Crowe. They are maintaining the integrity of her intellectual property.
Lemming,
Everyone knows you can’t take it with you, and many celebrities, including Orca, have multitudes more $ than they could ever spend in a lifetime. She’s never been married (hmmm), has no kids (hmmm), and in her 50s (hmmm), and has stated she is not a lesbian (hmmm). So what is she so very worried about protecting? The only answer is her big, fat ego. True of most celebrities who, like Orca, may not even be aware of things like this; their attorneys do all the talking, except on TV.
Jealousy, Tim? It does not become you. Now its because she was smart enough to hire good trademark attorneys? I’m sure they are on retainer. They might as well earn their pay. Furthermore, re your concern over the lack of any heirs and your other implied issues(hmmm), Oprah most likely has set up a trust or foundation that will be directed by her prescribed wishes. The recent opening of her school in South Africa is but one example. It seems clear that she, like many other celebrities, plan to use their fortunes for long term humanitarian purposes. She may not be able to take it with her but she can control what happens to it after her death. Why shouldn’t she protect those interests from idiots like Crowe? Why do you have a problem with that? You can do better?
I fail to see how her weight has anything to do with anything. It serves no purpose to criticize her in that manner. It reveals more about you than it does Ms. Winfrey. (hmmmm)
ChrisM70,
Crowe used a picture of Oprah Winfrey in his book, most likely a protected image and without her consent. So they’re clearly in their rights to demand he refrain from doing so.
Beyond the trademark issue, Oprah Winfrey is a public figure, and the courts have determined they can expect far less in terms of privacy rights (within reason) than your average anonymous Joe. It’s also much harder to defend rights to a trademark than a copyright. In fact, fair use of trademark law allows someone to use the trademarked name “nominatively” when discussing the product. How can you discuss Oprah Winfrey’s presidential campaign without using the word “Oprah”?
Crowe’s misguided because the American electorate certainly isn’t clamoring for an egotistical talk show host to lead us from the wilderness. It’s a shame he’s invested $65,000.
To heck with Oprah…. Vote for Marilyn Milian of The Peoples Court. At the very least she isn’t fat.
Lemming,
The problem with her weight (for starters), is that in the late 90s she published a book and video called “Make The Connection” which sold millions. The subject of the book and video was about her metamorphosis, a deep understanding that her recurring weight gain was tied to emotional issues; and how this realization meant she would never be fat again. Guess what? Within the next year, she gained about 80 pounds. Did the people who bought the book and/or video get a refund? Not that I know of. If she wanted to do the right thing with her money, that would be a good start. People like her who mass-market false pop psychology are nothing but high-profile overpaid gypsies.
Did she not lose weight? Do you not have emotional issues? At this point, it does not seem that Oprah has any real issues with her physical status. Why do you?
This is what I was looking for, glad I found it.
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