By: Sharon Urias, Esq.
Mutual of Omaha, an Omaha-based insurer and bank operator and one of Omaha’s largest companies, has filed a lawsuit against a carpet company for using the Wild Kingdom trademark to promote its flooring.
“Wild Kingdom” was a very popular animal show produced by Mutual of Omaha between the years 1963-1988. The half-hour, Emmy award winning show was hosted by zoologist Marlin Perkins and featured footage of wild animals from exotic locations all over the world.
Last month, Mutual of Omaha filed a lawsuit in the U.S. District Court in Nebraska, alleging that Couristan, a carpet company based in New Jersey, “engaged in infringement and deceptive trade practices by misappropriating the Wild Kingdom trademark for its floor covering collection.”
When Mutual of Omaha became aware of Couristan’s Wild Kingdom safari line in January of this year, they demanded the carpet company stop use of the trademark, but Couristan refused.
According to Mutual of Omaha, they have spent approximately $100 million promoting the Wild Kingdom trademark since 1963, a trademark that was designed to promote the company’s nature conservation efforts. For Couristan to improperly use the trademark to promote safari-themed floor products “unfairly trades and free-rides on the goodwill and reputation that Mutual of Omaha has developed.”
In the lawsuit, Mutual of Omaha requests the judge bar Couristan from using the Wild Kingdom trademark, pay compensatory damages, and hand over any profits the company made by the improper use of the Wild Kingdom phrase.
Couristan spokesman Larry Mahurter stated, “it is not that big of a deal…it is being resolved right now.” A spokesperson from Mutual of Omaha declined to comment on the trademark lawsuit.
