The Student Room Group

How retarded is this?

Oprah Winfrey's production company Harpo and a US insurance firm have reached an amicable settlement over rights to the phrase "aha moment".

Earlier this year, Harpo asked the Mutual of Omaha to stop using the phrase to promote its products and creating an association with Winfrey.

The talk show host has often uses the slogan on her programme to describe "flashes of understanding".

The Omaha-based company responded to Harpo's request with legal action stating it had obtained preliminary approval of a trademark on "aha moment".


http://news.bbc.co.uk/1/hi/entertainment/8351986.stm

Does anyone else not find it just so retarded and petty that people wold actually take each other to court over this?
how can they trade mark a phrase which is in common usage? I remember teachers saying it to me at primary school for christs sake
morecambebay
how can they trade mark a phrase which is in common usage? I remember teachers saying it to me at primary school for christs sake

It's America.

http://www.bestweekever.tv/bwe/images/2007/12/DONT%20BE%20HATIN.JPG
IDOWHATIWAAAANT
Reply 3
The reason you find it 'retarded' is simply because you're not assessing the importance of a slogan in a business perspective.

A) teachers aren't selling anything
B) sales-pitches are used in jingles that stick to the human psyche and repeat themselves (if catchy) which is ultimately the whole point of the marketing to people who are exposed constantly to the catchy sales-pitch.
C) Restrictions are not all that 'simple', the restriction doesn't apply to people who simply utter it for any other reason that doesn't include selling a product.

It might seem frivolous, but both, jingles and slogans, are important to company sales since the jingle or the slogan conjures up images of that particular company, and that's where the companies aim at. Use the old noggin guys.
Reply 4
You're right, that is proper spazzed up.
On a scale of 1 to 10?
Incredibly. I really could not care any less.
vilongo
The reason you find it 'retarded' is simply because you're not assessing the importance of a slogan in a business perspective.

A) teachers aren't selling anything
B) sales-pitches are used in jingles that stick to the human psyche and repeat themselves (if catchy) which is ultimately the whole point of the marketing to people who are exposed constantly to the catchy sales-pitch.
C) Restrictions are not all that 'simple', the restriction doesn't apply to people who simply utter it for any other reason that doesn't include selling a product.

It might seem frivolous, but both, jingles and slogans, are important to company sales since the jingle or the slogan conjures up images of that particular company, and that's where the companies aim at. Use the old noggin guys.


If it was a rare/unique phrase then what you have said would make sense. But its so common that its ridiculous to claim ownership of it.

Could I trademark the word 'and' if I wrote a jingle with it in?
Where do you draw the line?
Reply 8
Retards really piss me off if I'm honest.
Reply 9
morecambebay
If it was a rare/unique phrase then what you have said would make sense. But its so common that its ridiculous to claim ownership of it.

Could I trademark the word 'and' if I wrote a jingle with it in?
Where do you draw the line?


Give me a 'rare/unique' phrase that doesn't include members of a national language? A brand is by virtue of its company name (e.g starbucks) a legal trade-mark that can be used in a jingle or a slogan, but isn't either since a slogan and a jingle require a clause to help remind that prospective customer of that rare/unique name of that particular company--like star bucks.

That analogy is totally fatuous because 'and' isn't a phrase that can be dubbed a 'slogan'. What can you sell with a mere 'conjunction', besides this analogy? You draw a line at using members in mundane language to spark memories of a brand to make money.
vilongo
Give me a 'rare/unique' phrase that doesn't include members of a national language? A brand is by virtue of its company name (e.g starbucks) a legal trade-mark that can be used in a jingle or a slogan, but isn't either since a slogan and a jingle require a clause to help remind that prospective customer of that rare/unique name of that particular company--like star bucks.

That analogy is totally fatuous because 'and' isn't a phrase that can be dubbed a 'slogan'. What can you sell with a mere 'conjunction', besides this analogy? You draw a line at using members in mundane language to spark memories of a brand to make money.

'aha moment ' is mundane language. My comment about teachers using it was intended to show that. The people claiming trademark ownership didnt create it...its not theirs to 'own'.
Reply 11
morecambebay
'aha moment ' is mundane language. My comment about teachers using it was intended to show that. The people claiming trademark ownership didnt create it...its not theirs to 'own'.


They 'don't own' it by means of simple utterances. All the trade mark means is that no other relevant industrial company (not individual) can exploit it for-profit in their advertisements--on a national scale-- because it would completely undermine the importance of competition on that profitable scale here.

Harpo can't sue you for anything by simply saying 'hmm good' (w/e)
However, if you're a major food distribution company that sells your own brand of, say, cookie mix, and you decide to use that infamous Harpo slogan then you're subject to legal issues that doesn't necessarily mean a law sue; rather, a mutual compromise to modify the slogan slightly. I know how you feel though, but it's a glimpse of the shrewd competition.
Bobo1234
.

Sometimes, there are just no words!