mamajuana "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."
For the most part, this is correct. I can't start a television network and call it "The Fox Network," but I can open a bar and call it "The Fox Tavern" as long as there was no chance that consumers would infer a connection between the two. In the same way (as cjhsa points out), no software company other than Microsoft can use the phrase "where do you want to go today," but that wouldn't prevent a cab driver from asking the same question.
Furthermore, D'artagnan's right: US law gives wide latitude to satire and parody. As long as Franken is engaged in satire, and he isn't creating confusion among consumers that his book is, in some way, connected with the Fox network, he should be ok. As for Fox, they have managed to give Franken millions of dollars worth of free advertising -- what the heck were they thinking?
I would imagine that Al's response, were he not involved in litigation, would be that they weren't thinking, and that no one should expect them to do . . .
I fall in with those who believe the right to parody exists and should not be tampered with.
Oh, and welcome to a2k, JoefromChicago - have fun here!
O'REILLY LOBBIED FOR LAWSUIT
DRUDGE REPORT WED AUGUST 13, 2003 12:05:38 ET
O'REILLY LOBBIED FOR LAWSUIT
**Exclusive**
FOX NEWS star Bill O'Reilly lobbied his network to file suit against author Al Franken and his upcoming book "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right," top sources tell the DRUDGE REPORT.
"For Bill, above all other things, this was a matter of honor and support," a top source explained from New York.
MORE
In his book, Franken directly challenges O'Reilly on his journalistic record and aggressively accuses cable's top-rated host of exaggeration, padding of his resume and other claims.
"He is not going to sit by and let Franken smear the hell out of him," a top FOX source said.
The lawsuit does not directly address the content of the book on charges of libel, rather it claims Fox has trademarked "Fair and Balanced" to describe its news coverage and that Mr. Franken's use of the phrase would "blur and tarnish" it.
Nearly a month before its release, the Franken work has rocketed and lodged itself at #1 on AMAZON's sales list.
Developing...
Does this mean Fox "News" will be hoppin' aroun' on one foot now, havin' shot themselves in the other?
Setanta, I happen to have a copyright on the phrase, "hoppin' aroun" on one foot now." Please rephrase or you will be hearing from my attorney.
Republicans seek to sue over Dem use of Repub elephant. This story goes back to Feb 2002, but, I think it has a definite tie in to this thread.
http://www.dfw.com/mld/startelegram/news/slate/2683107.htm
I read somewhere that Fox's lawsuit came about because O'Reilly insisted on it. I have a feeling O'R might have written that language about what a horrible person Franken is.
What amuses me about this is story is the sense I have that Fox, which has had its way these past few years, is finally making a big mistake. They should have taken the high road--ignored Franken and his book. But it's clear they take him seriously. Bad move on Fox's part.
O'Reilly is such a putz, and he has had a credibility problem lately. I can't figure why anyone puts up with him, he is on the level with Limpbag and Stearn - comedic entertainers!
There is no way that Fox is going to win this lawsuit. Here is an interesting article about the lawsuit -
http://www.ajc.com/opinion/content/opinion/bookman/index.html
This lawsuit is so stupid, Fox shows like O'Reilly's, dish out plenty of abuse, you would have thought by now they would have learned to accept abuse.
He who lives in glass houses. O'Reilly is a whiner, if he can't have the ball all the time, he pouts and runs home to mommy
It's a publicity stunt for both parties involved.
A portion of our minds now belong to them.
Not mine, i don't watch fox, and i've not seen Franken since i watched SNL more than twenty years ago.
They get my attention to the extent that the subject comes up here, but that's the extent of it.
I do like meatloaf sammiches, though . . .
Can't have them anymore, either, Setanta, life sucks :sad:
I probably shouldn't, Bill, but i solve the problem by not going to the doctor, who will tell me what i don't wish to hear.
Makes it go away, huh
Actually, I've gone on the Atkins diet and meatloaf sammiches (one of my favorites too) are so full of carbs :sad:
Me, i'm on the see-food diet . . . you know that old chestnut . . .
burp 
