Oprah, Mutual Of Omaha Settle "Aha" Lawsuit

OMAHA, Neb. — Mutual of Omaha may have had its own "aha moment." The insurance company has decided to settle its lawsuit against Oprah Winfrey's production company over rights to the phrase.

Jim Nolan, a spokesman for Mutual, and Angela DePaul, a spokeswoman for Winfrey's Chicago-based Harpo Productions Inc., would only say Monday that the case was resolved amicably. Documents filed last month in U.S. District Court in Omaha do not outline details of the settlement.

Mutual and Harpo began sparring earlier this year after Mutual starting using the slogan "official sponsor of the aha moment" in a national advertising campaign.

Harpo asked Mutual in a letter to stop using "aha moment" to promote its insurance and financial products because it didn't want confusion about whether there was a relationship between Mutual and Winfrey. Winfrey's representatives argued in April that the phrase was synonymous with Winfrey and her show. Winfrey often discusses "aha moments" – described on her magazine's Web site as "those flashes of understanding" – with guests on her show.

Mutual responded with the lawsuit and documents showing it had obtained preliminary approval of a federal trademark.

The insurance company said it conceived its slogan in February 2008 and unveiled the Web site a year later. It began researching trademark rights to "aha moment" in July 2008 and filed an application with the U.S. Patent & Trademark Office that August. Mutual said no opposition was made to its trademark application, and preliminary approval was granted in April. http://www.ahamoment.com

Mutual originally asked the court for a legal declaration allowing it to use the slogan and pronouncing that Mutual has not infringed on Harpo's or Winfrey's rights. Harpo never filed a formal response to Mutual's lawsuit.

Mutual asked for the lawsuit to be dismissed last month, and the judge entered his ruling Oct. 22.

As part of its ad campaign, Mutual sent a crew on a 25-city tour to collect video stories of people describing a turning point in their lives when they realized something important. Visitors to Mutual's Web site helped the insurance company pick ten of the "aha" stories to appear in television commercials starting next year.

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On the Net:

Mutual of Omaha: http://www.mutualofomaha.com

Oprah Winfrey: http://www.oprah.com

Mutual's aha moment site: http://www.ahamoment.com

Comments

[aproposofnothing]

a big waste of time and money and the underfunded court system. How about copyright and trademark reform? doesn't sound sexy, but will have a huge positive impact on society. And sound bite phrases should never ever ever be copyrighted. this is a sick society.

[BBCup]

I'm copyrighting the letters T and S and the number 0 and 1. I will rule the world.

[Shawna Vercher - Huffpost Blogger]

LOL!

I'm going after the number 3 and the triangle. I shall make my fortune by first suing Sesame Street...

[Congzilla]

The first time I heard the phrase 'aha moment' was in my 6th grade science class in about 1990. Copyright laws in this country are completely out of hand. Uh oh, I guess I should check to see if "out of hand' has been copyrighted.

[toocoldout]

You probably heard "eureka moment" in your 6th grade science class. But that was 19 years ago so your memory is wrong.

[toocoldout]

I first heard the term "aha moment" on Oprah. She would always say "I just had an aha moment". I've never heard in anyone else use this term.

[biabouman41]

My "aha" moment is when I realised that insurance companies will gladly take your premium if they are not required to pay out claims. "aha" that is how they make their billions and construct the biggest buildings in the country.

[Okieborn]

I never ever would hold up for a Insurance company, but this Aha moment has been around since the fifties !!
I don't think Rich lady Oprah owns the phrase !!
Maybe she does with millions I guess you can own anything !!!

[trinity]

Educators have been using the "aha moment" phrase for years...when did an insurance company copyright it?

[sheikwil4]

Educators may have been using aha moments in the class room, we as no one heard it but the students in the class, Oprah is saying it before millions of people on her show which is syndicated and is seen around the world, big difference.

[Mainbob]

Ok, I just had an "aha moment"(tm) ....

I'm looking to trademark
a "Flat Forehead Moment"(tm pending) DUH!

(slapping my forhead with the palm of my hand)

What did it cost me to say "aha moment"(tm)?

[SinfullySublime]

Rebecca Fine, who republished "The Science of Getting Rich" (originally penned in 1910) has been using the "aha moment" phrase roughly since 1999.

[tlgeiger62]

Wow. Wonder how much money the lawyers made on this? There is no end to the length that the rich and powerful will go to demonstrate their ability to do just about anything they want. I'm talking about lots of people too ... not just Oprah; but she's included in that summation.

[sheaftosser]

Breaking News: Oprah is demanding copyright payments for use of the words "a", "the" and "and".

Ooops, gotta go, I need to send her a check now....

[Zyzzygowski]

You mean the Insurance Company is pursuing copyright protection for the words. It was the Insurance Company who pursued copyright protection of the phrase. It was not Oprah.

Oprah's production merely sent a letter and did not follow-up. The Insurance Company followed up with a lawsuit. Maybe Oprah's letter was nasty, but couldn't have the insurance Company respond with their own letter vice initiating a lawsuit?

Oprah obviously believed this matter could be resolved with a letter and not a lawsuit. She did not counter sue, or even address the Insurance Companies lawsuit.

Yep, make fun of Oprah, but it only works when there a bit of truth in the humor, or ridicule. Your joke is misplaced and is better served to the Insurance Company.

[sheaftosser]

Heeeyyyy, Ziggy, I wanna party with you! Geez, I stand corrected.

[phlashba]

Fanned!

[sheikwil4]

boy, the hateraid is heavy today, people are just ticked because this women worked herself from being a child in poverty to being one of the most influential people in the country who is worth 2.5 BILLION dollars. This is America, there is nothing to keep any of us from doing what she had done with her life.

[Hank007]

Wow, I just had an Aha moment: Oprah is the most conceited person I have ever heard of!

[gwazdos]

"Aha" Oprah now weighs 267 pounds. "Aha"

[Crass Innuendo]

I use "aha" indiscriminately, and don't even give credit where it's (not really) due. Somebody tell Oprah.

Take on me, honey! :p

[Zyzzygowski]

Actually, you will have to tell Mutual of Omaha, they own the phrase now. Send the checks to them if you use the term.

[garcia83]

AHA.