Omaha v. Oprah: an Aha Moment

Okay, not a defamation claim, but too good to pass up for this old trademark hound. Mutual of Omaha has filed an application with the USPTO to register the phrase "OFFICIAL SPONSOR OF THE AHA MOMENT" - but Oprah Winfrey (or her production company) are claiming the right to the phrase, "AHA MOMENT", leading to the filing of a lawsuit by Mutual of Omaha in the District Court in Omaha Nebraska. Oprah's people claim to be seeking an amicable settlement, but stay tuned just in case!

Oprah defamation suit, arising in Africa, filed in Philadelphia

Oprah Winfrey is the subject of a defamation lawsuit filed in a Philadelphia court - the alleged defamation being that "Winfrey suggested that [plaintiff] Nomvuyo Mzamane, 39, of Philadelphia, knew about alleged abuse by a dorm matron [in a Winfrey-sponsored South Africa girls' school] and tried to cover it up." Mzamane, ex-headmistress of the school, claims that she can't get work in the field because of Oprah's allegations, but the litigation strategy may be risky. Is Mzamane an involuntary public figure, or perhaps a limited-purpose public figure in her role as (former) headmistress of a school sponsored by one of the world's most famous people?

It is likely that a court will find that there is at least a compelling public interest in the behavior of a school official with respect to the alleged abuse of students by a person under the official's control. Although Mzamane may not have intently thrust herself into the controversy, she may well be regarded as a public figure for purposes of discussing this controversy, in which case she would have to demonstrate actual malice on Oprah's part to carry a suit forward. And actual malice will be hard to prove given that Mzamane herself, in a previous interview, had suggested that Oprah "may have been guided with bad information" and described Oprah as possibly having been "ill-advised." Absent a specific statement by Oprah specifying wrongdoing on Mzamane's part, and evidence that Oprah knew the truth to be otherwise, this lawsuit likely does not survive a motion for summary judgment.

Interestingly enough, this is not the first time the talk show diva has been sued for defamation. In 1998, Texas cattle ranchers sued--and lost--over a show in which Oprah discussed mad cow disease, and the practice of cattle being fed "protein supplements produced from the wastes of slaughtered cattle" (ewww!) resulting in "Winfrey's disgusted vow that she would never eat another hamburger." The plaintiff's claimed that even though Oprah "never touched specifically on Texas cattle or named the plaintiffs," she seriously harmed their market, causing prices to plummet. Now that's market power.

Oprah moved her show to Texas for the duration of that trial. So, will she be setting up in Philly for this one? Time will tell, but this case just might be a bigger boon to Oprah's ratings than a hit to Oprah's pocketbook.

Here comes the pun: stay tuned!

Unless otherwise indicated, all images on this blog are from the Wikimedia Commons.