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Mon 11 Aug, 2003 05:02 pm
I knew the Fox News Channel was dumb, but not this stupid.
....BumbleBeeBoogie
Fox Sues Humorist Al Franken Over Slogan
The Associated Press
Monday, August 11, 2003; 5:15 PM
NEW YORK - 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.
I don't think it's stupid at all. Franken is clearly trying to ride on their trademarked catch phrase.
Oh my gosh, poking fun at Fox! Franken is going too far.
Given the rest of the title, is anyone really gonna think the book is a Fox production and buy it for that reason?
actually fox should be sued for false advertising "fair and balanced"
So the State Network takes offense at the use of its slogan in parody. Theres a grand tradition in humor that skewering those who richly deserve it , is a rteasonable defense.
I remember parodies on "Good to the last drop"
or "Corinthian Leather". or how a bout "This spuds for you"
Remember the Doonesbury Cartoon: "FOX News...We Decide, You Concur!" ?
It depends on whether the intent is to slander or not. I would say that is Franken's intent...
Rush Limbaugh should have sued. I don't care if someone IS a big, fat idiot--you shouldn't be able to title your book as a personal insult against someone else. Glad he's getting sued.
McGentrix wrote:It depends on whether the intent is to slander or not. I would say that is Franken's intent...
On the other hand, perhaps the intent is draw attention and sell books...
On the other hand, perhaps the intent is draw attention and sell books...
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Probably true. But, if you seek to do that using the cultivated and copywrited property of someone else, I think it is illegal.
Our laws and culture allow a lot of room for satire, Sofia. It's part of what it means to have a free press.
Possibly not in this case...
It will be interesting to see how this one shakes out.
It's interesting how folks like O'Reilly, for instance, can say all sorts of nasty things about people and groups they don't like, but when the shoe's on the other foot, oh, look out!
I heard O'Reilly opine recently about the ACLU, which he called "the most dangerous organization in the U.S." If it's OK to say that (and it is), than so can Franken write what he has.
They trademarked the words "fair and balanced"?
Right now right here I claim copyright on the word "love".
I am not too excited either way about Fox and Franken, they both may gain by this bruhaha, but I am sort of surprised about getting to trademark phrases.
In my old home town, a guy opened a hair salon under his own name and had to change it, since a more famous guy had the name trademarked. The guy in the home town lost in court, and I can understand that, but think it is a little strange that you can't open a shop under your own name...a very modern dilemma.
Trademarking and copyrighting everything in sight gets pretty creativity blocking. Yes, I don't want people using my artwork as theirs, or even my wandering words in email or internet missives. But my phrases???
Listen, while we are at it, I want to trademark carmine red.
Well, Microsoft trademarked "Where to you want to go today?", and for the last couple days, I guess we have all wanted to go "down".
Should be interesting. I thought trademarks were protected only when they applied to names in the same category: if Franken wanted to do a news show called "Fair and Balanced," for instance. But that when name or title applied to other categories, their use was okay.
Returns to the main question, if this actually goes to court - all Franken has to prove is that Fox is not "Fair and Balanced"! That should be easy and Fox looses - twice!!!!!!
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