Oprah Winfrey Sues Company For Using Her Name To Market Weight Loss Gummies, Wants All Profits Made Turned Over To Her
A weight loss company is about to learn the hard way what can happen if you attach Oprah Winfrey’s name to your products without her permission.
According to court documents obtained by RadarOnline, Harpo Inc. and OW Licensing Company – both owned by the media mogul – have filed a lawsuit against a company named Emblaze One and its executives Jaspreet Mather and Kenneth Haller.
Reportedly, Emblaze One is using Oprah Winfrey’s name to sell gummies, including “weight loss” gummies and CBD gummies. The company has allegedly been advertising the gummies with the marketing line,
“Online Pills Shop Oprah Winfrey CBD Gummies Amazon!”
However, Oprah Winfrey has no association with the company and wasn’t paid for the use of her name in the advertisement. Her attorneys said,
“Simply being associated with Ms. Winfrey and/or the OPRAH brand has in many cases, led to an exponential increase in a product’s sales.”
Oprah noted that she’s “fiercely protective of her name, image and brand.”
Her attorney added,
“Her reputation depends, in part, on the quality of the products and services she recommends, which she does only after careful consideration and vetting, through [her companies].”
This isn’t the first time that Oprah has taken legal action against her likeness being used without her approval. Last year she sued podcasters for their “misleading” Oprahdemics title and logo. The podcast hosts were accused of capitalizing on Oprah’s popularity and fanbase. However, last month a settlement was reached. The podcast’s executive producer said the details of the settlement are 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!”.
The lawsuit against the weight loss company may be a little more intense. According to the suit,
“When Ms. Winfrey endorses a company or product, OW is entitled to and receives compensation that is commensurate with the value of the exploitation of Ms. Winfrey’s name, image, likeness, and persona, and protects from any potential diminution in value deriving from the commercial use of Ms. Winfrey’s publicity rights,”
Elsewhere in the legal document, Her attorney added,
“The unlawful actions of Defendants amount to a willful and conscious disregard for [Oprah’s] rights and are intentionally designed to capitalize on the goodwill, celebrity and/or fame associated with Ms. Winfrey and/or the OPRAH brand.”
Oprah is seeking an injunction prohibiting the company from using her name. In addition, she wants all profits made turned over to her.
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