Fox sues humorist Al Franken over 'fair and balanced' slogan

Associated Press ^ | August 11, 2003

[Timesink]

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.

[Timesink]

Har.

[Timesink]

Ping!

[jjbrouwer]

So that Irish lump O'Brien can't let it go...?

[jjbrouwer]

My apologies. I meant that Irish lump O'Reilly...

[Timesink]

So that Irish lump O'Brien can't let it go...?

Que?

[anniegetyourgun]

This guy can't sell anything without co-opting something successful of someone else's in its title. He knows it....and he's such a loser.

[Zipporah]

..couldn't happen to a 'nicer' guy..

[Hillarys Gate Cult]

If Franken's wrote his book about his opinions it would also be false advertising.

[Petronski]

[jjbrouwer]

See my other post...

Did you not see that ridiculous handbags at ten paces scrap between Franken and O'Reilly...? They are both odious attention-seekers so it's hard to sympathise with either of them.

[Those_Crazy_Liberals]

Al Frankin = Sydny Bluementhal without the sense of humor.

[Timesink]

Well, I doubt O'Reilly controls FNC's legal department. They do have to make an attempt to fight any use of their trademark, or they risk losing it. Whether the suit has merit is almost beside the point. Fox just has to show they didn't ignore the issue.

Besides, anything that pisses off Franken is okay in my book.

[dogbyte12]

It's a crap lawsuit. It reminds me of Spike TV. Of course Al Franken is borrowing "Fair & Balanced" from FOX. So what? It's fair use.

Further, Fox's claim that people will get confused and think that Al Franken is working as a rep for FOX because of the Title is an insult to their viewers.

I am vehemently opposed to nuissance/idiot lawsuits no matter whose ox is being gored. Fox is just giving the twerp some publicity which I am sure he quite appreciates. They will end up losing in court, and selling an extra 50,000 copies for him.

[skeeter]

I'm planning to sue AP for referring to Franken as a 'humorist'.

[clintonh8r]

I think Fox is getting bad legal advice and bad PR advice. First, they are unlikely to prevail in court, since the publisher will claim that the title is a part of the book's lampooning point of view, never mind First Amendment implications. Restrictions on book titles are historically vague. Second, it will make FNC look like a bully and will give Franken lots of free publicity (obviously already happening!). They would be better off just hiring somebody to do a little freelance orthodontia on Fatass Al.

[PBRSTREETGANG]

Is anyone actually gonna buy Al Franken's book and be confused about his motives?

Sure, all the people who turn on "SPIKE TV" expecting to see Spike Lee movies.

[larlaw]

Now THAT's a good one! lol

[RandallFlagg]

Sic 'em, FOX!!!!

[Timesink]

Did you not see that ridiculous handbags at ten paces scrap between Franken and O'Reilly...? They are both odious attention-seekers so it's hard to sympathise with either of them.

Oh yeah, I saw it. It was cringeworthy, but there was little doubt (in my mind anyway) that it was Franken that was baiting O'Reilly over and over. O'Reilly would have been content to just sit up there and be smug, but Franken was trying to taunt O'Reilly into getting physically violent, just so Franken could get it on tape and try to falsely get people to believe "Those Fox guys are violent psychos!"

In short, O'Reilly's merely pompous. Franken's an outright fiendish ass.

[Duke Nukum]

I'm planning to sue AP for referring to Franken as a 'humorist

You haven't got a case. AP put the modifier "liberal" in front of "humorist" thus cancelling out its meaning. Its an oxymoron.

[PBRSTREETGANG]

In related news, the estate of Redd Foxx has just announced a lawsuit against FOX TV...

[11th Commandment]

Now there is a misleading headline, calling Al Franken a humorist!!!

[Timesink]

#2 Is anyone gonna buy his book?

Yes. The left will snap it up like crazy, just like they did Michael Moore's book. They need their false beliefs "validated" in print in order to get some temporary relief from the growing realization that their entire ideology has been proven bankrupt and is falling apart.

I doubt the book will ever see #1, but it will make the bestseller lists. It could consist of nothing but blank pages inside and the liberals would still buy it because it has Al Franken's picture on the cover.

[jjbrouwer]

Franken's funnier.

The acid test - which of them would be most likely to get beaten up in a pub? O'Reilly.

[jimbo123]

[Right_in_Virginia]

Good for Fox! I hope they win.

[KneelBeforeZod]

the weird al yankovic of political commentary...

just a leech riding the coattails of legitimate thought

[SaveTheChief]

There's something wrong with this article. It proclaims that Al Franken is a humorist. Frankly I don't see anything funny about him at all, with the exception of his physical appearance.

[Timesink]

Franken's funnier.

Well, I'll grant you that. He's a vicious little RAT, but he can write some humorous stuff.

The acid test - which of them would be most likely to get beaten up in a pub? O'Reilly.

Gotta disagree with you there. I think they both stand an equal chance; O'Reilly because of his big mouth (unless he was in an Irish pub, anyway, in which case they'd celebrate him), and Franken because he regularly attempts to intentionally instigate fights with others; it's just that everyone he's taunted thus far is on to his game and refuses to fall for it. If he pulled the same sort of crap in a bar, he'd be on his ass inside of 90 seconds.

[sirchtruth]

Second, it will make FNC look like a bully and will give Franken lots of free publicity (obviously already happening!).

Do you think Fox won't get in publicity? Fraken, the acridic jerk he is, will just add fuel to the fire and probably make Fox more popular than they are already. And Fraken, will still just be the goofy ass ill-humoured prick he's always been.

For goodness sakes, look what happened to Rush after Fraken!

[Petronski]

When the camera is off, O'Reilly is polite and understated.
When the camera is off, Franken is picking fights.

[pogo101]

Franken's a leftist kook, but it sounds like this lawsuit has little chance. His book is political commentary, and his use of the words "Fair and Balanced" is obviously used to parody Fox as part of that commentary. No one is going to confuse Franken's book for a Fox News publication.

[jjbrouwer]

The Irish fight among each other. Also, something I have noticed...the real Irish (who work in bars) can't stand the Irish Americans (or the "plastic Paddies" as they call them.) The Irish Americans can't understand why the English get on better with the real Irish than they do, while in the States...

These are the dozy Irish Americans who think that Sinn Fein is somehow anything relevant in Ireland and who whip up tastelessly-named cocktails in New York bars called "Belfast Carbombs".

[Political Junkie Too]

This sounds like a nuisance suit to get back at Franken. Just like how Spike Lee doesn't own the phrase "spike," "fair and balanced" is not owned by FNC.

However, FNC can probaby bankroll it further along than Franken can.

-PJ

[jimbo123]

Fox has to sue because their slogan is trademarked. If they didn't sue, they could lose their trademark protection. Franken's publisher will have to spend money to defend themselves against Fox. Those legals costs will be charged against the book's revenues, meaning potential royalties for Franken will drop regardless of whether he wins or loses.

[jimbo123]

"Fair and Balanced" is owned by Fox. It's a trademark.

[Ditto]

I'm planning to sue AP for referring to Franken as a 'humorist'.

LOL. If he's humorous, I'm like a really Wild and Crazy Guy.Copyright Saturday Night Live

[Bob]

I think Fox is getting bad legal advice and bad PR advice.

IANAL but it seems to me that Fox has to defend its trademark to keep it. If they ignore someone 'borrowing' it, that sets a precedent for the next person to use it. Pretty soon, the trademark is considered 'generic'.

Scotch tape comes to mind as one trademark whose owner (3M) protects it vigorously. They have to or anyone could market their cellophane tape using the name scotch tape.

[RandallFlagg]

OOH! I hope he gets sued by O'Reilly and ANNIE, too!!!

[Political Junkie Too]

I see that now in the article. I didn't think you can trademark a common phrase.

-PJ

[Old Jarhead 46]

<i My apologies. I meant that Irish lump O'Reilly...</i

Doesn't look to me like you know what you mean!

Want to try once more?

I mean for real this time...

[Ann Archy]

Humorist??? Al "the hideous" Franken? I have never heard him say anything funny....it's always just mean stuff.

[smith288]

I see that now in the article. I didn't think you can trademark a common phrase.

Imagine Spalding tried to sell basketballs with the slogan "Just Do It."

[jjbrouwer]

Okay, if you insist.

That ranting, argumentative, lowest-common denominator Jerry Springer-wannabe, O'Reilly.

Is that better...?

[clintonh8r]

"Fair and Balanced" is not the title of the book, it's a descriptive subtitle. I seriously doubt Fox will prevail. Meanwhile that dope Franken gets a ton of free publicity. Also, publishing houses have platoons of lawyers that do nothing but cover the publisher's ass on these matters before a book ever goes to press. Do you seriously think this wasn't vetted by Penguin's lawyers?

[jimbo123]

Word Mark FAIR & BALANCED
Goods and Services IC 041. US 100 101 107. G & S: entertainment services in the nature of production and distribution of television news programs. FIRST USE: 19961007. FIRST USE IN COMMERCE: 19961007
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75280027
Filing Date April 23, 1997
Filed ITU FILED AS ITU
Published for Opposition March 3, 1998
Registration Number 2213427
Registration Date December 22, 1998
Owner (REGISTRANT) Fox News Network, LLC CORPORATION DELAWARE 1211 Avenue of the Americas New York NEW YORK 10036
Attorney of Record DAPHNE GRONICH
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Word Mark FAIR. BALANCED. UNAFRAID.
Goods and Services IC 025. US 022 039. G & S: neckties. FIRST USE: 20020219. FIRST USE IN COMMERCE: 20020515
Mark Drawing Code (1) TYPED DRAWING
Serial Number 76433535
Filing Date July 22, 2002
Published for Opposition February 11, 2003
Registration Number 2713414
Registration Date May 6, 2003
Owner (REGISTRANT) Fox News Network, LLC LTD LIAB CO DELAWARE 1211 Avenue of the Americas New York NEW YORK 10036
Attorney of Record Timothy J. Lyden
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[Ann Archy]

Who is the girl on the bookcover in the upper left hand corner?

[smith288]

Ann Coulter

[jimbo123]

Penguin will still charge their legal fees against the revenues from Franken's book. Since royalties are paid after legal expenses, this will cost Franken money, regardless of who wins.