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THE PLK LAW GROUP, P.C.284 U.S. Route 206Bldg. E Suite 10Hillsborough, NJ 08844908-431-3108

Attorneys for Plaintiffs Simone Kelly-Brown and Own Your Power Communications, Inc.

__________________________________________SIMONE KELLY-BROWN and OWN YOUR |POWER COMMUNICATIONS, INC. ||Plaintiffs, ||v. ||OPRAH WINFREY, HARPO PRODUCTIONS, |INC., HARPO, INC., HEARST CORPORATION, |HEARST COMMUNICATIONS, INC., WELLS |FARGO & COMPANY, ESTEE LAUDER |COMPANIES, INC., CLINIQUE |LABORATORIES, LLC,

CHICO‟S FAS, INC.,

|ABC COMPANIES 1-100 (names being fictitious) |AND JOHN DOES 1-100 (names being fictitious) ||Defendants. |_________________________________________ |Simone Kelly-Brown

(“K

elly-

Brown”) and

Own Your Power

Communications, Inc.,

(“OYP, Inc.”) (hereinafter individually and collectively referred to as “Plaintiff

” or “Company”)

, by and through its attorneys, The PLK Law Group, P.C., by way of Complaintagainst the Defendants, hereby say:

PARTIES

Plaintiff. OYP, Inc. is a Florida company duly organized and existing under thelaws of the State of Florida with a principal place of business at 300 Southwest 96

Street,Pembroke Pines, Florida 33025. Plaintiff, Kelly-Brown is the sole owner and CEO of OYP, Incresiding at 300 Southwest 96

Street, Pembroke Pines, Florida 33025. Company has provided a

UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEYCIVIL ACTION NO.________________

Hon.United States District Judge

COMPLAINT

Case 2:11-cv-04360-SRC -MAS Document 1 Filed 07/28/11 Page 1 of 43 PageID: 1

personal brand of self-awareness and motivational communication services nationally since 1996by continuously advocating for people t

o take their life‟s dreams to the next level.

Defendant, Oprah Winfrey (“Oprah”) is an American television host, actress,

producer, and philanthropist, best known for her self-titled, Emmy-award winning talk show,

TheOprah Winfrey Show

. Oprah‟s show beca

me the highest-rated program of its kind in history,was nationally syndicated from 1986 to 2011, and boasted over 16 million viewers during itsfarewell show. Oprah is among the most influential women in the world. Oprah is a citizen of theState of Illinois whose only known address is 110 North Carpenter Street, Chicago Illinois60607.3.

Defendant, Harpo Productions

, Inc. (“Harpo”) is

a Chicago-based, multimediaproduction corporation founded by Oprah, duly organized and existing under the laws of Illinoisand maintains its principal place of business at 110 North Carpenter Street, Chicago, Illinois60607. Harpo includes Harpo Films; Harpo Radio, Inc.; Harpo Studios; and Defendant, Harpo,

Inc. (corporate headquarters for Harpo‟s families of busin

esses, and includes all servicedepartments, such as Accounting, Human Resources and Technology, that support the variousbusiness units, also has offices at 110 North Carpenter Street, Chicago, Illinois 60607); and allagents and/or affiliates (collective

ly “Harpo”)

. Along with Oprah and DiscoveryCommunications, Inc., Harpo also owns

OWN The Oprah Winfrey Network

or OWN, LLC

(“OWN”). OWN

debuted in 2011 in more than 80 million homes, and is known as

“the network

of Self Discovery, connecting people to each other and to their greatest potential.

”

Defendant, Hearst Corporation is one of the largest diversified communicationscompanies in the world, with offices at 300 West 57

Street, New York, New York 10019.Defendant, Hearst Communications, Inc. also has offices at 300 West 57

Street, New York,

Case 2:11-cv-04360-SRC -MAS Document 1 Filed 07/28/11 Page 2 of 43 PageID: 2

New York 10019. Hearst Corporation along with Hearst Communications, Inc. publish morethan 300 magazines around the world through the magazine unit, Hearst Magazines, including

O,The Oprah Magazine

. Hearst Magazines Digital Media is a unit of Hearst Magazines launched in2006 which oversees more than 28 websites and 14 mobile sites for brands including the digitalmagazine

O, The Oprah Magazine

, and has published more than 85 applications and digitaleditions for the iPad, iPhone and iPod Touch, as well as the Android platform, including

“O, The

Oprah Magazine Interactive Edition

”

(collectively “Hearst”).

Defendant, Wells Fargo & Company (“Wells Fargo”)

is an American multi-national diversified financial services company with operations around the world, and withoffices at 420 Montgomery Street, San Francisco, California 94104. Wells Fargo is the fourthlargest bank in the U.S. by assets and the second largest bank by market capitalization.6.

Defendant, Estee Laude

r Companies, Inc. (“Estee Lauder”

), with offices at 767Fifth Avenue, New York, New York 10153, manufactures and markets skincare, makeup,fragrance and hair care products, with products sold in over 150 countries and territories. Forfiscal 2010, net sales were $7.8 billion and net earnings were $478 million. Defendant, CliniqueLaboratories, LLC was branded in 1968 and is wholly-owned by Estee Lauder (collectively

“Clinique”).

Defendant, Chico‟s

FAS, Inc., with offices at 11215 Metro Parkway, Fort Meyers,Florida 33966,

consists of three (3) women‟s specialty brands offering private branded,

sophisticated apparel for more than 25 years and operates more than 1,150 boutiques throughoutthe U.S. and via direct-to-consumer services. One of these three brand

s is Chico‟s (collectively“Chico‟s”) which

currently operates more than 590 frontline boutiques and 63 outlets in 48

Case 2:11-cv-04360-SRC -MAS Document 1 Filed 07/28/11 Page 3 of 43 PageID: 3