from the you-get-a-name-change dept
Last summer, we discussed a fairly silly trademark suit brought by Harpo Inc., Oprah Winfrey’s production company, against Roulette Productions, responsible for the “Oprahdemics” podcast. While the name of the podcast is obviously a nod to its main subject matter, Oprah, it’s also the case that the podcast is a journalistic endeavor covering the history of Oprah and her show. That puts this squarely in the nominative fair use arena. How is anyone supposed to make a podcast about the history of Oprah without a title that nods towards the subject matter?
It can’t. Something that Harpo actually admits too, interestingly. See, the suit has now been settled, with both sides saying it was all very amicable, and with the podcast getting a name change that apparently satisfies Harpo Inc.
The podcast’s executive producer Jody Avirgan provided a joint statement that said the terms of the settlement were confidential but the case had been “resolved to the mutual satisfaction of both parties.”
The podcast’s website now lists its title as “You Get A Podcast!”.
Yup, you’re reading that right. Harpo claimed the title of the podcast falsely implied that Oprah was somehow involved in its production and therefore requested a name change… to what certainly must be the most meme-ified reference to Oprah possible.
You know the one. So, to summarize: Harpo said “Oprahdemics” was fine as a podcast, but the name would mislead the public into thinking Oprah was involved or endorsed the podcast, but was satisfied with a name change that will be every bit as associated with Oprah as the original name.
The only remaining question is, other than allowing for some billable hours and annoying a podcast, and me personally, what did any of this actually accomplish?
Filed Under: fair use, oparah winfrey, oprahdemics, podcasts, trademark, you get a podcast
Companies: harpo inc., harpo productions
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