Celebrity Justice
Oprah: 'Aha!' I Got You!

Oprah Winfrey just had another Aha! Moment -- when she decided to wage a legal war against an insurance company using her signature catchphrase.

Oprah Winfrey

Just a few days ago, Oprah's lawyers fired off a cease and desist letter to Mutual of Omaha demanding they shut down their plans to run a gigantic advertising campaign with the slogan, "Official sponsor of the aha moment."

In the letter, sent April 21, Oprah's peeps claim they have the rights to the "Aha Moment" slogan and they threatened to sue because O doesn't want Mutual to mislead her fans into thinking she's associated with them.

But Mutual of Omaha is fighting back with a lawsuit, claiming that even if Oprah had trademark rights to the phrase, she "abandoned" those rights by failing to "police their alleged mark" when other businesses used it in the past.

In the suit, filed Wednesday in federal court in Nebraska, Mutual asks the judge to rule that they have the right to use the phrase in their campaign.

A rep for O tells us, "Harpo has not filed a lawsuit or counterclaim against Mutual of Omaha. We hope to reach an amicable resolution on this issue."



Tags: aha moment, cease and desist, CeaseAndDesist, lawsuit, mutual of omaha bank, O, oprah, oprah winfrey

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(Page 6 of 6) Previous 15 Comments

76. Oprah who?

Posted at 8:02PM on Apr 25th 2009 by Rhonda

77. The "Aha moment" has been around long before Oprah started using it and I crack up at her thinking its "her" saying in the first place. When an idea pops into your head its an "Aha moment" and has nothing to do with Oprah. She should be more concerend with those poor girls in her orphanage who appear to get molested a lot. If that were my orphanage I'd be behind bars the first time it happened for negligence but now, even thought its surfaced TWICE, nobody is doing anything about it. Why? I feel sorry for those girls--used by Oprah for her "Look at me--aren't I wonderful?" agenda.

Posted at 7:11AM on Apr 26th 2009 by She's a loser

78. Martin Gardner has been using the term "aha moment" in his books for almost 50 years. Googling "aha moment" and "Martin Gardner" turns up over 500 hits.

Posted at 7:49PM on Apr 26th 2009 by Gardner Fan

79. I'm trying to be objective in understanding this issue. The facts look like Oprah has a well-established feature both in her magazine and TV show called the Aha! Moment. Mutual of Omaha has now trademarked the phrase 'official sponsor of the aha moment' which does seem to unfairly credit Mutual with sponsoring Oprah's own popular aha theme - which is untrue. At the very least, it's confusing so I think Oprah has a right to clarify, or else all businesses can start copycatting every other creative idea or application out there without first asking permission. For more honest thoughts, see this recent article. Now this is just my personal opinion, but Mutual of Omaha looks like the bully (or even a pirate) here.

Posted at 11:55AM on Apr 27th 2009 by ResearchAnalyst

80. Oh My stars Oprah, it is not like you don't have enough money already! Get real! You did not coin that phrase. YOu have just gotten above yourself! Stop it!

Posted at 3:30PM on Jun 28th 2009 by Madame Assafi

81. All you haters need to get a real life. She has the right to sue anyone she wants. All of you are just jealous. I love you Oprah. Please excuse all these haters and ignorant people they don't know any better. So go get a life and stop being so negative. Oprah doesn't care about your comments anyway. by SSS

Posted at 4:30PM on Jul 21st 2009 by sassy stephanie

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