Aha! Oprah Winfrey, Mutual of Omaha end dispute over phrase
Is anyone other than Oprah Winfrey allowed to have an "aha! moment"? Apparently so -- but it's best to get her blessing first.Mutual of Omaha has withdrawn a lawsuit aimed at establishing its right to use that phrase in an advertising campaign after reaching a settlement with Harpo Productions, Winfrey's media company. Terms of the settlement were not made public, and neither company is saying much, but as of now, a website promoting the campaign is still online, complete with the disputed tagline "Mutual of Omaha: Proud sponsor of life's aha moments." The site features videos of real people talking about the epiphanies that changed their lives for the better.
After Mutual of Omaha first rolled out the campaign earlier this year, Harpo objected, saying the phrase was firmly associated in the public mind with Winfrey, who frequently uses it on her show. Never mind that the Nexis news database turns up thousands of articles containing the term "aha moment" with no reference to either Winfrey or Mutual of Omaha that date back more than 20 years. Rather than ditch the campaign, the insurance company responded by petitioning a judge to affirm its right to use the phrase, and revealed that it had already received preliminary approval on an application for the trademark.
The cease-fire comes just as the future of The Oprah Winfrey Show is suddenly in question following a report that Winfrey plans to end the syndication deal under which it currently airs in 2011 and relocate it to cable, where the Oprah Winfrey Network is moving towards a long-delayed launch. CBS chairman Leslie Moonves said Monday that CBS Television Distribution is still in talks with Harpo and hopes to extend the show's run on broadcast TV.
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Reader Comments (Page 1 of 19)
11-10-2009 @ 1:54PM
Denise said...
I attended an INTA convention in New Orleans in the very early 8os and the "aha, moment" term was used by a speaker there to describe a feeling of "getting it". It is ridiculous for any person or business to attempt ownership of that term.
How many writers/speakers have coined phrases that have become household terms to describe situations? Thousands, I am guessing. Take for instance...Thoreau's "quiet
desperation" so often used to convey a feeling or 1 Corinthians' "through a glass darkly". Let's get real about ownership one or two words joined together. If one registers a business or product under a name...that is different but only insofar as it prevents intentional consumer confusion for a similar service or product in a competing area.
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11-10-2009 @ 5:24PM
Patty said...
I agree. I like Oprah but to claim this is totally ridiculous and a bit self-centered. Hello!
11-10-2009 @ 7:17PM
Jack said...
With Mutual of Omaha dropping its "aha", they now refer to themselves as "Mutual of Om".
11-10-2009 @ 10:01PM
Linda said...
The "Aha moment" does not belong to Oprah, contrary to her beleif. We've used that in our Church for years.....undoubtedly that's where she got it from........
Our Youth are taught to wath for the "Aha Moment".....there are more then the think.
Oprah uses "Aha" as thought a light bulb went of in her head....well, maybe, hope it's a bright light.
She and her guests have been quite an education to me...I watched her on her first show after Phil D. left. Glad she's not running up and down the stairs like he did.....
Hope she doesn't go to cable.....she's keeping network tv afloat. Some of us just don't have anymore money.
11-11-2009 @ 1:24AM
Vince said...
I agree I've been to seminars and sessions in the 1970's that have used the "aha" to describe the moment of insight...
AND at times that humiliating moment of zen- like "outsight", to coin a phrase, when you realize you are the only one making noise and there is not and never has been a problem except to you.
Oprah!?? I have never associated that phrase with you or your organization...but you are welcome to use that phrase that was probably invented before you were born, if it fits the circumstance.
The inspiration is the source...not the Oprah. Vince
11-10-2009 @ 2:01PM
TC said...
So now Winfrey thinks she owns the language? What utter crap. I am sorry Mutual of Omaha settled this. I would love to have seen Winfrey laughed out of court. Its a shame, I have a great deal of respect for her accomplishments, but she has obviously allowed her success to go to her head.
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11-10-2009 @ 4:23PM
Hey Marie! Howdy said...
TC -- Oprah DID get "laughed out of court"!! According to the article, they (Mutual of Omaha) "revealed that it had already received preliminary approval on an application for the trademark." Then THEY can sue Oprah for using it, which IMO would be a "a ha-hahaha" moment on HER! I am soo tired of hearing how people want to do what Oprah does, read what Oprah reads, eat what Oprah eats, etc. like she were some kind of a god - and I DON'T mean the good God. She's a freaking talk show host - period. Regardless of how much she thinks that the money she has aquired gives her some kind of entitlement. Sort of like a female Kayne West with the exact same 'I am all that and you're a mere peasant under my feet' mentality.
11-10-2009 @ 6:35PM
Michael said...
Get a grip and get off your soap box. It's business. She is known for that phrase. Any business person who believes they have coined something would do the same thing. No one likes to think that another business is using them for profit.
11-10-2009 @ 4:44PM
pugz said...
she's just pissed because the IOC had the audacity NOT to sell her the "O"lympics!
11-10-2009 @ 5:03PM
bree said...
It's no more ridiculous than Donald Trump trying to trademark the phrase "You're fired."
Too many celebrities get swamped by their own infamy. They are nothing more than a passing fad in this universe. It's best they remember that.
11-10-2009 @ 5:09PM
wild irish rose said...
Do we really have to hear about an "Oprah moment"? I'm so sick of her, and now she wants to put her name on a phrase, for heaven's sake. If it's so important to her, why didn't she stake her claim 20 years ago?
11-10-2009 @ 2:11PM
Eric said...
Perhaps it could have been settled with a pipe wrench fight.
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11-10-2009 @ 7:47PM
kim said...
This cracked me up Eric! I think a duel at high noon is appropriate in this case
11-10-2009 @ 8:30PM
schoolmarmbob said...
You nailed it, Eric. It should be on pay-for-view with all proceeds going to...wait, does anyone own the rights to "You nailed it"? It's mine! (Unless Jesus claims it, and I'm not taking Him to court.)
11-10-2009 @ 2:21PM
Wil said...
" 'F' Oprah!" That's my catch phrase. Nobody else can use it.
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11-10-2009 @ 2:24PM
jbjg24m said...
hahahahahahahahaha! good one
11-10-2009 @ 2:59PM
Coop said...
Aw, come on, please let me use that one. I'll give you a dollar!
11-10-2009 @ 2:33PM
AmericanMade138 said...
Hey , I already coined that phrase .
I'll see your ass in court !
11-10-2009 @ 3:31PM
Kuhndog said...
I like that one, too. The phrase she will use now is " I'm Lord Poperah, DO IT CAUSE I SAID SO!!!!!!!!!!!" What a tool!!
11-10-2009 @ 3:35PM
Keika41 said...
OH PLEASE>>>LET ME USE YOUR PHRASE TOO ..THIS WOMAN THINKS SHE RUNS THE WORLD> AND now for my phrase
SHE aint't CRAP