[gridlock]

Based on the words alone, I would say that FoxNews doesn't have much of a case. But given the fact that the cover shows Franken standing in a TV control room with two of four TV screens showing FoxNews personalities, their case is strengthened.

[Paul Atreides]

I think that FNC's use of "fair and balanced" has always irked the left.

[libravoter]

But given the fact that the cover shows Franken standing in a TV control room with two of four TV screens showing FoxNews personalities, their case is strengthened.

Yeah, but Fox isn't suing because he wrote a book bashing them specifically. They're suing based on trademark infringement. And the book in no way pretends to not be bashing Fox (to win trademark he'd have to be diluting their brand. Bashing doesn't dilute.)

[Atlas Sneezed]

"Based on the words alone, I would say that FoxNews doesn't have much of a case. But given the fact that the cover shows Franken standing in a TV control room with two of four TV screens showing FoxNews personalities, their case is strengthened."

They have no trademark infringement case, since the goods are different. It doesn't matter if the cover is a close-up of Bill O'Reilly's private tattoo (though that might give rise to a different cause of action.)