U.S. District Judge John Koeltl threw out the lawsuit filed by Ronald Brockmeyer, a German man who bought the trademark in 1996 after its previous holder, the publisher of a fetish-fashion magazine, went bankrupt. The mark is a stylized letter "O" in large type enclosed in double arrow marks.

Only four issues of the magazine have appeared in the United States since 1995, with at least two having covers that stated "The Art of Fetish, Fashion and Fashion."

Koetl said readers could not confuse Brockmeyer's magazine containing photos of "whip-bearing, naked women engaged in sadomasochistic and lesbian acts" with Winfrey's publication aimed at helping women improve their lives guided by the performer's values.

"There is no possibility of blurring in this case," Koeltl said explaining that tarnishment exists when a plaintiff's copyright is "linked to products of shoddy quality or is portrayed in an unwholesome or unsavory context."

Just the opposite occurs in this case, he said referring to Winfrey's publication as "a renowned magazine" aimed at helping women focus on their inner-self rather on external, physical attributes."

Winfrey's magazine, published by the Hearst Corp, is called "O The Oprah Magazine" based on the media personality's nickname. The desire to use the "O" was motivated in part by the success of Winfrey's book club. In addition the cover of each issue always carries Winfrey's photograph. Koeltl pointed out Winfrey's magazine never carries erotic photographs.

"It is virtually impossible to find even a single image or article from the plaintiff's magazine that would not be jarringly out of place in "O The Oprah Magazine" and vice versa," Koeltl said in a decision dated last week.