# Can I use "Oprah" w/out getting in trouble?



## Summer Suzette (Feb 15, 2008)

I'm new at this and have been reading the trademark threads, but have a question. If I were to make a t-shirt that made some reference to someone watching "Oprah" or something like "Oprah's biggest fan", would I get into trouble because her name is trademarked?


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## sunnydayz (Jun 22, 2007)

I would think that would be illegal as I am sure her name is trademarked.


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## Summer Suzette (Feb 15, 2008)

I would think so too, but I've seen kids tees that say "Young and the Restless' biggest fan". Do these people just take the risk that no one will care?


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## sunnydayz (Jun 22, 2007)

Just because they are wearing it doesnt make it legal, most likely they havent gotten caught


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## charles95405 (Feb 1, 2007)

Oprah did not amass her fortune being dumb!...if you use it, you are doing so illegally...maybe you won't get caught but then....what if????


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## treadhead (Jul 26, 2006)

Ok..but what if my name is Oprah? (It's not...LOL) I can't put my own name on my t-shirt???

Not so sure about that.....


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## Comin'OutSwingin (Oct 28, 2005)

I don't think that was the question.

But there is a reason for trademarks. If your name was Oprah, you would have a hard time selling goods and services with your name, because it is trademarked by someone else.

Trademarks are meant to prevent consumer confusion in the marketplace.

If you wanted to make a shirt and put your "Oprah" name on it (because that's your name), that would be fine. 

But you would most likely be looking at infringement if you sold your shirts with "your" name.

But to answer the OP's question, yes you would most likely get into trouble because her name IS trademarked. It's trademarked for just about any way someone wanted to use it.

My family has been good friends with her father for many years, and he's told of all sorts of stories about what she does to protect her name.

I would not suggest it!


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## Girlzndollz (Oct 3, 2007)

Because trademark is what the "brand" represents to the general public. It's part of winning the trademark.

If my sister was named Oprah, and I printed on my shirt I was her biggest fan, most folks would assume I meant "Oprah" the celebrity. If my husband's name was Mike and I printed "Mike's biggest fan" on my shirt, people would wonder who the heck I am talking about. That's trademark. Association with the word or words with a particular brand by the buying public.

That's the conclusion I came away with after a bit of reading, and I could be missing the cue on some of it, but more reading will take you from there to your "Final Answer" (you probably just thought of who wants to be a millionaire.)
Branding..... trademarks ..... public association with the words....


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## Qualitee Shirts (Jan 25, 2008)

Hi,

If you google 

'Nobody puts baby in the corner - cease and desist'

You will find loads of sites explaining what will happen.

I had a similar question ages ago, and that is how I came about finding this forum.

Oprah's name is definitely trademarked........it is on the end of all her shows! You could try writing her a nice sob story and asking her if you could use her name to get out of the poverty line 

If it is not this forum there is definitely one someone (I found it, but forgot where it is) that discusses this question and explains that either the people selling trademark names either have not yet been caught or may have a license to sell the products.

Pauline


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## Girlzndollz (Oct 3, 2007)

I think it's this one, Pauline, I've seen it, too, and it's always a handy thing to keep in mind.


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## treadhead (Jul 26, 2006)

I understand trademarking a logo and brand identity but if I had an Aunt Oprah who wanted to open a restaurant and make some t-shirts that said Oprah's Diner and she didn't use the "signature" Oprah font or logo I don't think she would be able to do much about that. But I could be wrong...LOl. Been that many times before... 

I looked up and found an Oprah Beauty Supplies in Florida which probably doesn't have anything to do with THE Oprah. I wonder if she needs any t-shirts?? LOL


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## Qualitee Shirts (Jan 25, 2008)

Let me know if she does . LOL!

Good luck.

Pauline


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## staned (Feb 25, 2007)

the name oprah was taken from the bible. she has no claim to it, only stlye and font can be protected. she my be more famous, but the bible came first and has sold quite a few copies


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## jberte (Mar 25, 2007)

sorry stan - her name WAS taken from the bible - but it was misspelled....oprah is a celebrity - orpah is a biblical figure....


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## staned (Feb 25, 2007)

whoops, hold the presses. thanks jan


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## Qualitee Shirts (Jan 25, 2008)

I just googled ' Oprah T-Shirts'

Oprah T-Shirts - at Oprah's Boutique

 Get those presses going again!

Pauline


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## LLevine (Feb 7, 2007)

I believe that if you use Oprah Stedman will personally visit you and "have a talk". All kidding aside using a famous persons name even if it is not trademarked is problematic. You need to get a license and or permission. Someone like President Bush etc. is different however. Oprahs image and likeness are more than likely protected and she can if she wants to go after you legally. 

Larry Levine

Artbrands llc


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## Summer Suzette (Feb 15, 2008)

Thanks everyone! I definitely won't be using her name. I respect that she worked hard to make that name for herself. I don't want to do anything in my new business to jeopardize it. I just thought it would be cute to have a baby onesie that said "Shhh...Mommy's watching Oprah"


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## TripleT (Apr 29, 2007)

Summer Suzette said:


> Thanks everyone! I definitely won't be using her name. I respect that she worked hard to make that name for herself. I don't want to do anything in my new business to jeopardize it. I just thought it would be cute to have a baby onesie that said "Shhh...Mommy's watching Oprah"


I believe that Bobby has posted before on the problems of using the term "onesie." It's good that we can learn from each other on this Forum, so the same mistakes aren't repeated! Good Luck!


Onesie - Wikipedia, the free encyclopedia


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## Summer Suzette (Feb 15, 2008)

I won't be using "onesie" anywhere in my business, but I can't help but call them onesies when i talk about them, because to me that's what they are. I have never in my life called them one pieces!


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## Girlzndollz (Oct 3, 2007)

treadhead said:


> I understand trademarking a logo and brand identity but if I had an Aunt Oprah who wanted to open a restaurant and make some t-shirts that said Oprah's Diner and she didn't use the "signature" Oprah font or logo I don't think she would be able to do much about that. But I could be wrong...LOl. Been that many times before...
> 
> I looked up and found an Oprah Beauty Supplies in Florida which probably doesn't have anything to do with THE Oprah. I wonder if she needs any t-shirts?? LOL


 
I agree with you. Oprah's Diner wouldn't say "Oprah" to me. Oprah's biggest fan makes me think of Oprah. I think it would be worse if somewhere Oprah also sold Oprah's biggest fan shirts.


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## Leatherneck (Jan 18, 2008)

_I would also agree that one instantly makes me think of the "Oprah Show" whlie the other does not even come close. I am not that educated in trademarks or the legality associated but I would think it would be the context in which the name was used. To imply connections or reference to THE Oprah would be a mistake in my book. _


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## Comin'OutSwingin (Oct 28, 2005)

The op has stated that they are not going to use it, but another thing to ALWAYS consider is can you afford a defense?

In the case of Oprah, she has amassed a very large fortune. She most likely would take all sorts of legal actions. If a case goes to court, you need to be able to take the time from work (whether that's your printing business, or a "regular" 9 to 5) to go and defend your actions.

Then you have attorneys fees you will incur. Best case scenario is that you win, and you are just out of your time and your attorneys fees.

But then, if you win, there will likely be a lengthy appeals process by her, and her lawyers. More of your time and your money!

If you lose, there are always civil damages that can be assessed.

Just a little food for thought for those considering something like this.

Not worth it for a few t-shirts IMO.


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## sunnydayz (Jun 22, 2007)

If you want to look at a good one that is going on right now that is similar to this google lennon, yoko is trying to stop a girl by the name of lennon from trademarking her own name because it is lennon and she plays music.


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## majesticmind (Sep 1, 2007)

charles95405 said:


> Oprah did not amass her fortune being dumb!...if you use it, you are doing so illegally...maybe you won't get caught but then....what if????


If you get caught and Ooprah makes a big deal about it or her legal team, you call CNN and make it the latest stupid big news fiasco in the US---- free advertising--- big billionare sues jo blow t shirt maker thats trying to feed his kids..... Might be a blessing in disguise to get a cease and disist from sombody as big as ooprah. Your name will be plastered everywhere. Ive been trying to get coke to sue me for months now, but no luck.....yet.


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## surfdefender (Feb 2, 2008)

I think you can use the oprah style font or logo in a parody, but you would have to change the name to say Okra or some other play on words.


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## treadhead (Jul 26, 2006)

Comin'OutSwingin said:


> The op has stated that they are not going to use it, but another thing to ALWAYS consider is can you afford a defense?
> 
> In the case of Oprah, she has amassed a very large fortune. She most likely would take all sorts of legal actions. If a case goes to court, you need to be able to take the time from work (whether that's your printing business, or a "regular" 9 to 5) to go and defend your actions.
> 
> ...


You'd get a cease & decist way before getting this far. Then, of course, you would have to make a decision just as you suggest. However, as pointed out below, that does have some possibilities to work to ones advantage if it got turned around on them...LOL  

In any event, I'm just debating a hypothetical...not planning on doing this.

But, my point is that although I respect copyright and trademark rights, there are many instances where people just go way beyond reasonable. And to me, somebody who's name is Oprah and is in a business not even remotely related to what Oprah does (i.e. don't start a magazine or perhaps even a blog, called Oprah) they shouldn't be precluded from calling their business (restaurant, flower shop, ...whatever) by that name just because a "big shot" has the same name.


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## Comin'OutSwingin (Oct 28, 2005)

I agree.

But, that is completely different than playing on words in order to capitalize on the fame and work of someone else.


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## wormil (Jan 7, 2008)

staned said:


> the name oprah was taken from the bible. she has no claim to it, only stlye and font can be protected. she my be more famous, but the bible came first and has sold quite a few copies


You have confused copyright and trademark. If she were trying to copyright the name Oprah, prior use would matter. But she can (and has) trademarked the name Oprah.


As for other businesses with the name Oprah, like Oprah's Beauty Salon. A trademark is generally only relevant within your own sector so Oprah's Beauty Salon is not a problem since as far as I know, Oprah the entertainer isn't in the beauty salon business. The trouble is that many entertainers branch out and own other types of businesses so they could conceivably defend their trademark in unexpected places. In the case of Oprah, she could (not necessarily would) likely bankrupt you even if what you were doing was completely legal. For an interesting history on trademark disputes look up Apple Records vs. Apple Computer, a battle between two large companies over the use of Apple that started in '78 and wasn't resolved until last year.


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## Girlzndollz (Oct 3, 2007)

wormil said:


> For an interesting history on trademark disputes look up Apple Records vs. Apple Computer, a battle between two large companies over the use of Apple that started in '78 and wasn't resolved until last year.


What happened, any idea? Thanks.


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## Leatherneck (Jan 18, 2008)

Girlzndollz said:


> What happened, any idea? Thanks.



*wow, good question kelly lol.... i'll have to look that one up and find out. i have no idea how they resolved it.*


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## Girlzndollz (Oct 3, 2007)

Thanks, Rick! I'd love to know. I was just watching International Falls duke it out with a town in CO, I forgot them name (so who's marketing better?), anyway, I just watched them duke it trying to win the trademark to call themselves "Icebox of the Nation".

International Falls won, said they'd give the CO town one week before sending the cease and desist. They added they wouldn't care if the CO town called themselves the "Icebox of CO", which I thought was nice, since they can make a beef based on it being similar - from what I've picked up - which ain't much sometimes!!!

That was a long running 'war' between them. If you find the lowdown on the Apple, that'd be interesting to hear the end result. Thanks, Rick!


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## robby (Oct 29, 2007)

why don't you try "Shhh...Mommy's watching Ouplah show"  

About Apple Records and Apple Computer... I didn't even realize they are 2 different companies.



Summer Suzette said:


> Thanks everyone! I definitely won't be using her name. I respect that she worked hard to make that name for herself. I don't want to do anything in my new business to jeopardize it. I just thought it would be cute to have a baby onesie that said "Shhh...Mommy's watching Oprah"


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## TripleT (Apr 29, 2007)

robby said:


> why don't you try "Shhh...Mommy's watching Ouplah show"
> 
> About Apple Records and Apple Computer... I didn't even realize they are 2 different companies.


 
That's a good idea, robby - gets the same message across without stepping on Oprah's toes (maybe) lol

Kelly, here's the Apple v Apple info

Apple Corps v. Apple Computer - Wikipedia, the free encyclopedia


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## Girlzndollz (Oct 3, 2007)

Thanks, Tom, that was an interesting read.

It seemed the corps was always going after the inc, but doesn't that maybe mean the Beatles should never have 'digitally remastered' any of their music? Just a musing joke here, but that was a bit crazy what was happening with the two co's. It is what it is. I guess a moral of the story is: Never say never.

I did wonder, since apple inc was around longer, why were they at the short end of the stick on most of it? 

Well, thanks again for the link.


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## Xeon (Aug 11, 2007)

Another side question: if I design a t-shirt image with a realistic vector art of George W. Bush saying he's the devil / antichrist, will I get sued by him?

Thanks,
Xeon (yes, that guy p***es me off)


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## Comin'OutSwingin (Oct 28, 2005)

Political figures are in the public domain, which means they are fair game.


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## Girlzndollz (Oct 3, 2007)

Have fun, Xeon!


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## AustinJeff (May 12, 2007)

Something like this would also involve the right to publicity, which is completely separate from copyright and trademark.


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## TripleT (Apr 29, 2007)

As long as Bush doesn't say, "I'm Oprah" you're OK.


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## Girlzndollz (Oct 3, 2007)

^^^LOL^^^


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## Xeon (Aug 11, 2007)

LOL, thanks all! 

Anyway, as a side note, too bad I'm not a US citizen, or else I would have voted Obama!!!! 

Good day,
Xeon


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