Does an 'aha moment' belong only to Oprah?
November 10, 2009 Edition 4
OMAHA, Nebraska: 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 Harpo Productions, said yesterday that the case was resolved amicably.
Mutual and Harpo began sparring earlier this year after Mutual starting using the slogan "official sponsor of the aha moment" in an ad campaign.
Harpo asked Mutual to stop using "aha moment" to promote its products because it didn't want confusion about whether there was a relationship between Mutual and Winfrey. Winfrey's representatives argued that the phrase was synonymous with Winfrey and her show.
Mutual responded with the lawsuit and documents showing that it had obtained preliminary approval of a federal trademark.
Mutual had 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. - Sapa-AP




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