Court of Appeals for the Second Circuit May 31, 2013, Docket 12-1207-cv (Kelly-Brown v. Winfrey)

SACK, Circuit Judge,

concurring in the result.

I concur in the result reached by the majority. I write separately, however, in the (I hope groundless) fear that the Court’s opinion may be misconstrued to suggest a general limitation upon the ability of a publisher in any medium to use a trademarked term, in good faith, to indicate the contents of its own communication—whether by magazine cover,