SEF Posted August 12, 2003 Share Posted August 12, 2003 http://www.washingtonpost.com/ac2/wp-dyn/A45293-2003Aug11?language=printer 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 Link to comment Share on other sites More sharing options...
aREDSKIN Posted August 12, 2003 Share Posted August 12, 2003 Trademark infringment is certainly actionable. Too bad for the elite lefties, they believe they are above the law. And Al Fanken is without question certifiable. Go get em Fox. Link to comment Share on other sites More sharing options...
SEF Posted August 12, 2003 Author Share Posted August 12, 2003 Trademark infringement is actionable. I just don't see it. I also wonder who exactly will be confused by the title. Link to comment Share on other sites More sharing options...
Larry Posted August 12, 2003 Share Posted August 12, 2003 What it will hinge on (IMO) is context. A trademark prevents the use of a word or phrase in a particular context. (Apple computers don't infringe on the trademark of Apple records.) So: is the title of a book close enough to the context of a broadcast news network? Link to comment Share on other sites More sharing options...
aREDSKIN Posted August 12, 2003 Share Posted August 12, 2003 Some Context. http://images.amazon.com/images/P/0525947647.01.LZZZZZZZ.jpg Link to comment Share on other sites More sharing options...
Kilmer17 Posted August 12, 2003 Share Posted August 12, 2003 And Spike Lee got money from the former TNN when they tried to change their name to Spike TV. It went to court (ultimately settled) because of copyright. Instead of blaming the trial lawyers (who definitely deserve it most of the time), blame the jackass who cant come up with an original thought. Link to comment Share on other sites More sharing options...
redman Posted August 12, 2003 Share Posted August 12, 2003 I'm not either an intellectual property attorney, or a free speech attorney, but I'd suspect that Franken will win this one. Yes, the name is trademarked, but it's being used as a book title as part of someone's political commentary. Under the law, that's pretty sacred stuff. Besides, the "lying liars" part of the title would appear to remove any confusion about context. Link to comment Share on other sites More sharing options...
Tarhog Posted August 12, 2003 Share Posted August 12, 2003 I think you'd have to see what the content is to determine that Larry.....if its a book blasting the new 'right wing media' (specifically FOX) which I'm guessing it is then the tagline on the front cover could clearly cross the line. If on the other hand, it just generically blasts conservatives and the Right wing in general, maybe not. Either way, don't see why they'd go to the trouble of suing.....Franken's kind of a buffoon (and thats a kind characterization) and I think the more he spouts, the more he hurts his own cause. The few times I've seen him on Fox, he looked like he was going to have an aneurysm. Link to comment Share on other sites More sharing options...
Kilmer17 Posted August 12, 2003 Share Posted August 12, 2003 The reason they are suing is clear to me. 1- To piss him off 2- For publicity Link to comment Share on other sites More sharing options...
aREDSKIN Posted August 12, 2003 Share Posted August 12, 2003 and 3 It'll cost him. Link to comment Share on other sites More sharing options...
fansince62 Posted August 12, 2003 Share Posted August 12, 2003 kilmer....bingo!!! this is hilarious....kinda like redistricting or filibustering!!!! nuisance value only that undermines nromal processes........ it can only get worse!!! anyone care to predict what of all of this obstructionism in our society will lead to? Link to comment Share on other sites More sharing options...
Kilmer17 Posted August 12, 2003 Share Posted August 12, 2003 President Dennis Miller Link to comment Share on other sites More sharing options...
Larry Posted August 12, 2003 Share Posted August 12, 2003 I don't think I could vote for Miller. He practically ruined MNF. (Not that it's been great before or since, but that's beside the point.) Now, if Jaws wants to run. . . Link to comment Share on other sites More sharing options...
Tarhog Posted August 12, 2003 Share Posted August 12, 2003 Originally posted by Larry I don't think I could vote for Miller. He practically ruined MNF. (Not that it's been great before or since, but that's beside the point.) Now, if Jaws wants to run. . . Yeah....but think of the rant we could expect at the first State of the Union Address..... 'The State of the Union is STRONG....then again, I could be WRONG' :cool: Miller the NFL Broadcaster.....ouch. Miller the hip political pundit.....I'm diggin' it. Link to comment Share on other sites More sharing options...
redman Posted August 12, 2003 Share Posted August 12, 2003 I'd just like to see President Jaws doing the State of the Union using graphic breakdowns of his speech, with his head looking like it's going to fly off his head from enthusiasm. Link to comment Share on other sites More sharing options...
Tarhog Posted August 12, 2003 Share Posted August 12, 2003 You know, I always thought Jaworski should have been a Redskin.... Link to comment Share on other sites More sharing options...
SEF Posted August 12, 2003 Author Share Posted August 12, 2003 So: is the title of a book close enough to the context of a broadcast news network? No, in the book title the phrase is descriptive. Link to comment Share on other sites More sharing options...
Kilmer17 Posted August 12, 2003 Share Posted August 12, 2003 And a blatant rip off. But then again, imitation is the greatest form of flattery. Simple minds I guess. Link to comment Share on other sites More sharing options...
The Evil Genius Posted August 12, 2003 Share Posted August 12, 2003 So...if FoxNews is advertising itself as "fair and balanced"...can they be sued if it's proven they aren't? Link to comment Share on other sites More sharing options...
Kilmer17 Posted August 12, 2003 Share Posted August 12, 2003 Sure, I dont think you'd win. But it would make for good press. Link to comment Share on other sites More sharing options...
aREDSKIN Posted August 12, 2003 Share Posted August 12, 2003 I reall hearing/reading recently about a the USSC ruling that a news organization is under no obligation to provide truthful & accurate information to it's audience. Caveat Emptor. Link to comment Share on other sites More sharing options...
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