fair and balanced

Q Classic · August 12, 2003, 20:14

i understand that fox has to protect its trademarks, but honestly, is anyone going to think that al franken's book came from fox?

and isn't it just as bad that franken's stooping to the same level as coulter? oh, wait, coulter's wonderful and can do no wrong, mm? franken's just a commie no-goodnik.

Fox Sues Humorist Al Franken Over 'fair and Balanced' Slogan

Quote:

NEW YORK (AP) - Fox News Channel has sued liberal humorist Al Franken and the Penguin Group to stop them from using the phrase "fair and balanced" in the title of his upcoming book.

Filed Monday in Manhattan, the trademark infringement lawsuit seeks a court order forcing Penguin to rename the book, "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right." It also asks for unspecified damages.

Fox News registered "Fair & Balanced" as a trademark in 1995, the suit says.

Franken's "intent is clear - to exploit Fox News' trademark, confuse the public as to the origins of the book and, accordingly, boost sales of the book," the suit said.

Calls to Penguin and Franken's publicist were not immediately returned. The book is due out next month.

mrmitchell · August 12, 2003, 20:16

Yet another reason to be vigilant in our efforts to eradicate that streaming pile of filth from our lives.

Boris Godunov · August 12, 2003, 20:16

"Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right."

I'd say that's more of a spoof of Ann Coulter than Fox.

:) Smiley · August 12, 2003, 20:45

Anything that needs to include the words "fair and balanced" prolly ain't.

DRoseDARs · August 12, 2003, 22:03

As if this lawsuit weren't stupid and transparent enough, Faux has to resort to personal attacks and petty insults against Franken. Shocking and so very unexpected from a professional-grade news and entertainment organization that wins acclaim from all who watch its fine selection of quality programming.

From Yahoo!:
http://story.news.yahoo.com/news?tmp...nken_lawsuit_6
Entertainment - AP TV

Franken Makes Light of Fox Slogan Lawsuit
1 hour, 23 minutes ago

By HILLEL ITALIE, AP National Writer

NEW YORK - Al Franken, the humorist being sued by Fox News Channel for use of the phrase "fair and balanced," said Tuesday he doesn't mind the legal action.

But he does wish it hadn't happened during his vacation.

Fox sued the former "Saturday Night Live (news - Y! TV)" performer and his publisher, the Penguin Group, to stop them from including "fair and balanced" in the title of his upcoming book.

Filed Monday in State Supreme Court in Manhattan, the trademark infringement lawsuit seeks to force Penguin to rename "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right," scheduled for release next month. It also asks for unspecified damages.

Fox News registered "Fair & Balanced" as a trademark in 1995, the lawsuit said.

"I normally prefer not to be out of the country on vacation when I'm sued. However, from everything I know about law regarding satire, I'm not worried," Franken, who has not filed a response in court, said in a statement released Tuesday. He is vacationing in Italy.

Franken also thanked Fox "for all the publicity." As of Tuesday night, "Lies" had reached No. 4 on the bestseller list of Amazon.com, one ranking ahead of the latest Harry Potter book.

In its court papers, Fox described the author and liberal commentator as "neither a journalist nor a television news personality. He is not a well-respected voice in American politics; rather, he appears to be shrill and unstable. His views lack any serious depth or insight."

Fox alleged that Franken was "either intoxicated or deranged" when he attacked the network and conservative host Bill O'Reilly at an April press correspondents dinner. The lawsuit also says that Franken has been described as "increasingly unfunny."

"As far as the personal attacks go," Franken responded, "when I read `intoxicated or deranged' and `shrill and unstable' in their complaint, I thought for a moment I was a Fox commentator.

"And by the way, a few months ago, I trademarked the word `funny.' So when Fox calls me `unfunny,' they're violating my trademark. I am seriously considering a countersuit."

Imran Siddiqui · August 12, 2003, 22:05

Well it kinda IS obvious that Frankin is using that phrase in the book title to refer to Fox. It can't really get more obvious than that

. But it is also is a parody, so maybe he'll get away with it.

Nubclear · August 12, 2003, 22:08

Quote:

Originally posted by Imran Siddiqui
Well it kinda IS obvious that Frankin is using that phrase in the book title to refer to Fox. It can't really get more obvious than that

. But it is also is a parody, so maybe he'll get away with it.

I really think he'll get away with it even if it is illegal. Especially with the temper tantrum Fox is throwing

I love a good show

mrmitchell · August 12, 2003, 22:10

It's a parody. If he doesn't get away with it, it will only be one more failure of the justice system to add to the list.

The "intoxicated or deranged" and "shrill or unstable" and "increasingly unfunny" attacks (okay, the third one is just stupid waste of paper

) don't help Fox. It would be better for them just to make a goddamned trademark infringement lawsuit, not try to make the judge laugh or something.

The Templar · August 12, 2003, 22:18

Hahahahaha

"Fair and Balanced" is trademarked!? This is why intellectual property is stupid. So NewsCorp now owns part of the English language? Good thing I registered "gay marriage"and "civil union" when I heard this news. I should be collecting from every news outlet, blogger, and even ol' King George now.

Q Classic · August 12, 2003, 22:19

this is what i don't get. the people who will tend to buy franken's books are not the ones who will tend to watch fox news. the people who watch fox news will tend to not want to buy franken's political books.

why bother? i mean, really. do they need to waste money on this? franken's not fooling anyone into thinking fox came up with this book...

if there's a reason behind this, i'm waiting to have it explained to me...

Imran Siddiqui · August 12, 2003, 22:21

Quote:

"Fair and Balanced" is trademarked!? This is why intellectual property is stupid. So NewsCorp now owns part of the English language? Good thing I registered "gay marriage"and "civil union" when I heard this news. I should be collecting from every news outlet, blogger, and even ol' King George now.

A tagline "Fair and Balanced" is trademarked. Therefore, MSNBC can't start using it or something. It does not mean that every instance of the words "Fair and Balanced" have to pay royalties to NewsCorp, which is why this suit will go nowhere.

mrmitchell · August 12, 2003, 22:24

Quote:

why bother? i mean, really. do they need to waste money on this? franken's not fooling anyone into thinking fox came up with this book...

At best, they're just trying to make a joke case. At worst, they're greedy corporate scum who throw lawyers at anyone they don't like.

GePap · August 12, 2003, 22:39

This is obviously satarie and a pardody, which is excempt, which is what Franken means wehn he says he is not worried. Now, if someone from Fox goes to court and claims they are Fair and balanced, they would be guilty of perjury.

Nubclear · August 12, 2003, 22:46

Quote:

Originally posted by mrmitchell
It's a parody. If he doesn't get away with it, it will only be one more failure of the justice system to add to the list.

The "intoxicated or deranged" and "shrill or unstable" and "increasingly unfunny" attacks (okay, the third one is just stupid waste of paper

) don't help Fox. It would be better for them just to make a goddamned trademark infringement lawsuit, not try to make the judge laugh or something.

Yeah, Fox is looking a bit...stupid...here

Q Classic · August 12, 2003, 22:50

i want to see how far they take this.

Lincoln · August 12, 2003, 22:56

Fox, I think, is a parody of real "fair and balanced" reporting. Everyone knows that they are right-wing except them for some reason. This is another example of copywrite laws run amuk. I hope that Fox is thoroughly embarrassed by this. People have been using the phrase "fair and balanced" for hundreds of years. The phrase should not have received protection in the first place.

The Templar · August 12, 2003, 22:56

Quote:

Originally posted by Imran Siddiqui

A tagline "Fair and Balanced" is trademarked. Therefore, MSNBC can't start using it or something. It does not mean that every instance of the words "Fair and Balanced" have to pay royalties to NewsCorp, which is why this suit will go nowhere.

Of course MSNBC can't use it, FOX and MSNBC are competitors. But a hypothetical scale manufacturer, say Acme Scales Inc., could because manufacturing measuring devices and producing infotainment are two completely different businesses. Ergo, there is no confusion (sort of like Ford Motors and Ford Modeling can coexist). But Fox as much as admitted in their brief that Franken is not an infotainment "journalist" (he is, by their lights, an unfunny comedian). Ergo, Franken cannot be infringing on their trademark - unless NewsCorp is claiming some sort of really broadbased trademark.

Of course, why should phrases be trademarke-able? Isn't fair and balanced more a representation of a product? (In which case NewsCorp should be sued for misrepresentation). Isn't a putative journalistic organization calling itself "fair and balanced" really just akin to a car repair shop saying it has trained mechanics? Should Firestone get to trademark "trained mechanics" so that Pep Boys cannot claim the same - even though Pep Boys employs trained mechanics?

Trademarking "Fair and Balanced" just goes to far in my mind.

MichaeltheGreat · August 12, 2003, 23:07

Actually, when there's demonstrably no similarity in trademark or servicemark holders and no likelihood of misidentification of the business, it's not only possible, but not very difficult, to get multiple holders for a particular trademark or service mark.

Q Classic · August 12, 2003, 23:09

like Acme, for instance. or A-One/A1.

The Emperor Fabulous · August 12, 2003, 23:13

reminds me of the time that Fox attempted to sue the owners of the whyfiles.com or .org or something like that because it was infringing on their ownership of the title "X-Files"

The Templar · August 12, 2003, 23:14

Quote:

Originally posted by MichaeltheGreat
Actually, when there's demonstrably no similarity in trademark or servicemark holders and no likelihood of misidentification of the business, it's not only possible, but not very difficult, to get multiple holders for a particular trademark or service mark.

Yeah, i just said that.

Dis · August 12, 2003, 23:59

well if he can get away with a book called Rush Limbaugh is a big, fat, idiot, I think he will get away with this.

Boris Godunov · August 13, 2003, 07:32

Quote:

Originally posted by Dissident
well if he can get away with a book called Rush Limbaugh is a big, fat, idiot, I think he will get away with this.

Yes, true. I had trademarked the phrase "Rush Limbaugh is a big, fat idiot" years before he wrote the book, yet the bastard got away with it!

I'm astonished at Fox's attacks within the court documents. Were those really necessary? Why would they say such things in official court papers?

Well, they've certainly helped him sell books. I didn't even know he had a new one coming out. Thanks, Fox!

SpencerH · August 13, 2003, 07:40

I disagree with Franken, but he is funny even when shrill. Fox look like fools here.

Dr Strangelove · August 13, 2003, 08:19

I wonder if the phrase "fair and balanced" has ever been used in legal documents, literature, or in common daily discourse? If so then I submit that the phrase was in general use long before Fox came along. It's sort of like trying to patent the wheel.

Sikander · August 13, 2003, 08:32

Quote:

Originally posted by The Templar

Yeah, i just said that.

MtG's was more fair and balanced.

Defiant · August 13, 2003, 08:37

The only chance of Franken's book to sell is to use an icon's trademark, maybe this way he will sell within 90% of what Coulter's book sales. When you can't beat them, join them.

rah · August 13, 2003, 08:39

It seems that Fox has a "little" ill will towards Franken and are just trying to be petty. The joke will be on them though when the publicity keeps his book high on the list and he makes more money from it.

DinoDoc · August 13, 2003, 08:51

Quote:

Originally posted by SpencerH
I disagree with Franken, but he is funny even when shrill.

When?

Defiant · August 13, 2003, 08:52

rah,
Maybe his book sales will come out of the cellar this time.