bob_barron 0 Report post Posted August 12, 2003 Fox Sues Humor Writer for Using 'Signature' Slogan Tue Aug 12, 4:09 AM ET NEW YORK (Reuters) - Fox News Network is suing humor writer Al Franken for trademark infringement over the phrase "fair and balanced" on the cover of his upcoming book, saying it has been "a signature slogan" of the network since 1996. According to court papers made available on Monday, Fox is seeking a temporary or permanent injunction against Franken and publisher Penguin Group to stop them using the phrase in connection with the book to be published next month. The network, part of the News Corp group, also asked Manhattan Supreme Court for compensatory and punitive damages. The title of liberal satirist Franken's new book is "Lies and the Lying Liars Who Tell Them." At the bottom of the planned cover is the tag line, "A Fair and Balanced Look at the Right." Fox claims the use of the phrase is intended to confuse the public and boost book sales. In the lawsuit, Fox said the network was created "as a specific alternative to what its founders perceived as a liberal bias in the American media." A spokeswoman for Penguin imprint Dutton, Lisa Johnson, called the lawsuit "extraordinary." "In trying to suppress Al Franken's book the News Corp is undermining First Amendment principles that protect all media by guaranteeing a free, open and vigorous debate of public issues," she said. "The attempt to keep the public from reading Franken's message is un-American and runs contrary to everything this country stands for." Franken worked as a comedy writer in the 1970s and has appeared frequently on "Saturday Night Live." Reuters/VNU Share this post Link to post Share on other sites
Dr. Tyler; Captain America 0 Report post Posted August 12, 2003 Fox News: We own the English language Share this post Link to post Share on other sites
Hogan Made Wrestling 0 Report post Posted August 12, 2003 Talk about falling for the bait. This kind of suit is probably exactly what Franken wants to promote his book and get in even more shots in the process. Share this post Link to post Share on other sites
Dangerous A 0 Report post Posted August 12, 2003 Fox News doing this is just petty. Makes them look like even bigger tools than Al Franken. Share this post Link to post Share on other sites
BX 0 Report post Posted August 12, 2003 I'm sure Barron popped a boner when he first saw this. Share this post Link to post Share on other sites
Vern Gagne 0 Report post Posted August 12, 2003 If they have the trademark on the title they have every right to sue Franken. Share this post Link to post Share on other sites
DerangedHermit 0 Report post Posted August 12, 2003 Yeah, who says fair and balanced is synonymous with Fox News? Especially Bill O'Reilly... Share this post Link to post Share on other sites
NoCalMike 0 Report post Posted August 12, 2003 Who cares really, it will be settled out of court anyway. Share this post Link to post Share on other sites
Vyce 0 Report post Posted August 12, 2003 Fox News: We own the English language Saaaaay.....How many of you are in law school? Take a class on trademark law or intellectual property rights. Franken can argue "fair use", but despite all of the admonishments that Fox is being petty, they have a legitimate claim here. Share this post Link to post Share on other sites
Jobber of the Week 0 Report post Posted August 12, 2003 I wait for the day when McDonalds trademarks a word like "delicious" or "yummy" Share this post Link to post Share on other sites
Guest JMA Report post Posted August 12, 2003 (edited) This remind anyone of else of the Spike Lee/Spike TV lawsuit? Anyway, it serves Fox right. Fox News calling the mainstream media "too liberal" is just the pot calling the kettle black. Hey Roger, a little bit of advice, don't counter bias with bias. Not that I believe there is a liberal bias, just saying. Fox needs to accept the fact that they ARE a right-leaning network. They also need to accept the fact that it IS mainstream to make jokes about their conservative bias (hell, even Jay Leno has done it). Edited August 12, 2003 by JMA Share this post Link to post Share on other sites
kkktookmybabyaway 0 Report post Posted August 12, 2003 Talk about falling for the bait. This kind of suit is probably exactly what Franken wants to promote his book and get in even more shots in the process. Yep. Come on FNC -- you're better than this. Get some reporters on the case of Franken's history and smear him the way only Big Media can do... Share this post Link to post Share on other sites
JangoFett4Hire 0 Report post Posted August 12, 2003 Franken should file a counter suit claiming false advertisement. Share this post Link to post Share on other sites
JHawk 0 Report post Posted August 12, 2003 Is the phrase actually trademarked, or is this just a case of "We used it first so nyah nyah nyah nyah nyah nyah"? Share this post Link to post Share on other sites
Vern Gagne 0 Report post Posted August 13, 2003 Is the phrase actually trademarked, or is this just a case of "We used it first so nyah nyah nyah nyah nyah nyah"? Good question. That's going to determine whether or not the suit has actual merit or not. Share this post Link to post Share on other sites
Vyce 0 Report post Posted August 13, 2003 Is the phrase actually trademarked, or is this just a case of "We used it first so nyah nyah nyah nyah nyah nyah"? Good question. That's going to determine whether or not the suit has actual merit or not. If it's actually trademarked, Franken is slightly screwed. He can argue fair use, but frankly it'd be worth it for him to just settle and change the name of the book, as the court costs would outweight the benefit of actually winning. Even if the phrase has not actually been trademarked by Fox, their constant and continuous use of the phrase does strongly associate it as a "mark" of their brand. There are a bunch of factors that may be considered. Such as these: 1) the strength of plaintiff's marks and name; 2) the similarity of parties’ mark; 3) the proximity of parties products in the marketplace; 4) the likelihood that the plaintiff will bridge the gap between the products; 5) actual confusion; 6) the defendant’s intent in adopting its mark; 7) the quality of the defendant’s product; 8) the sophistication of the relevant consumer group. I know these are used in the Southern District of New York, but variations of these types of factors are used through the various jurisdictions in the country. Looking at those factors, I can see Fox easily making a pretty strong case against Franken. I think he's screwed. All that leaves is the liberals to bitch and moan about Fox not playing fair. Share this post Link to post Share on other sites
Guest JMA Report post Posted August 13, 2003 This whole thing just makes Fox look worse than they already do. I wonder if Spike Lee will be on Fox any time soon. Seriously though, I see Franken winning this. Fox's "case" will probably just be seen as a Spike Lee-esque ego stroke. Not to mention that everyone and their mother knows Fox IS biased. Share this post Link to post Share on other sites
Firestarter 0 Report post Posted August 13, 2003 The only people who look worse than Fox are the idiots who granted them a fucking trademark for the phrase "fair and balanced." Tyler was right: they seem to think they own the English language. And to sue over this? Jesus, what a bunch of whining pussies. Share this post Link to post Share on other sites
Steviekick 0 Report post Posted August 13, 2003 I like Al Franken's writings, so I'm siding with. It's really petty for Fox News to do this, and I think in the end they will be looked on negatively. Share this post Link to post Share on other sites
Vern Gagne 0 Report post Posted August 13, 2003 This whole thing just makes Fox look worse than they already do. I wonder if Spike Lee will be on Fox any time soon. Seriously though, I see Franken winning this. Fox's "case" will probably just be seen as a Spike Lee-esque ego stroke. Not to mention that everyone and their mother knows Fox IS biased. Fox could find a cure for aids and cancer and you'd still find away to bash them. Something like it's obvious that Fox did this so only conservatives would be cured. Share this post Link to post Share on other sites
JangoFett4Hire 0 Report post Posted August 13, 2003 I think Franken wins the case because he's good enough, he's smart enough, and doggone it, people like him! Share this post Link to post Share on other sites
Downhome 0 Report post Posted August 13, 2003 (edited) I don't see how Franken can win, and Fox News has EVERY right to sue him over this. He has went on and on saying that he used it in the title of his book simply as a shot against Fox News anyhow, he's a moron for even trying to be a smartass and use it in the first place. Fox News registered "Fair and Balanced" as a trademark way back in 1995, anyone who is anyone in ANY aspect of the news, even viewers, knows that the phrase is what Fox News uses all of the time. This is a case of a moron trying to be a cute smart ass, and it backfiring and biting him in HIS ass. Edited August 13, 2003 by Downhome Share this post Link to post Share on other sites
Vyce 0 Report post Posted August 13, 2003 And it just keeps getting uglier. Michael Moore Sues Al Franken for Infringement (2003-08-12) -- Michael Moore, author of 'Stupid White Men', filed suit today against Al Franken, author of 'Lies and Lying Liars Who Tell Them', for trademark infringement. According to the lawsuit, "Michael Moore's 'bitter liberal' shtick is well established, and Mr. Franken has no right to confuse the reading public by releasing this sniping, vitriolic attack on conservative pundits." Mr. Franken's attorney issued this brief statement: "Al Franken was an openly-bitter liberal before anyone had heard of Mr. Moore." The 82-page court filing also claims that Mr. Franken's book "steals" Mr. Moore's thesis that conservatives are uniquely ignorant and dishonest. Share this post Link to post Share on other sites
Vyce 0 Report post Posted August 13, 2003 I don't see how he can win, and Fox News has EVERY right to sue him over this. He has went on and on saying that he used it in the title of his book simply as a shot against Fox News anyhow, he's a moron for even trying to be a smartass and use it in the first place. Fox News registered "Fair and Balanced" as a trademark way back in 1995, anyone who is anyone in ANY aspect of the news, even viewers, knows that the phrase is what Fox News uses all of the time. This is a case of a moron trying to be a cute smart ass, and it backfiring and biting him in HIS ass. In all due seriousness, take it from someone who has studied trademark law a bit - If Franken does win this case, it will be with MUCH difficulty and no small amount of cash spent on legal fees. Do not think Franken will win this easily. FOX has a pretty good case to make. If he was stupid enough to actually admit this was done to slam Fox News (and something tells me it's on the book cover) than that makes it even worse for him. Share this post Link to post Share on other sites
Dr. Tyler; Captain America 0 Report post Posted August 13, 2003 The book title, as it comes, is: Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. I'm sorry, but that doesn't cut it in my eyes. They use the words "Fair and Balanced coverage" or whatever, but frankly, what are they going to make him say? If you can't say the words "Fair" or "Balanced", it gives the actual phraseology a slightly different meaning. I find it incredibly difficult to believe that they copywrited ONLY the words "Fair and Balanced", and thus, he's not USING their slogan; he's using fucking English, and even if he used part of their slogan on the top of his book, it still isn't -- likely, anyway -- the entire slogan. Law students are obviously more knowlegable about the limits of it, but Jesus H. Christ... since when can't you use the English language to describe a book? Share this post Link to post Share on other sites
Downhome 0 Report post Posted August 13, 2003 It's OBVIOUS he's using the trademark of Fox News, anyone would say that it's an obvious rip of them. Hell, as I said, he's even mentioned it in interviews before, he named the book that BECAUSE of Fox News. Share this post Link to post Share on other sites
Dr. Tyler; Captain America 0 Report post Posted August 13, 2003 Cite me a source that states Fox owns the copyright to the three words "Fair and Balanced" Share this post Link to post Share on other sites
Downhome 0 Report post Posted August 13, 2003 Cite me a source that states Fox owns the copyright to the three words "Fair and Balanced" Here... By HILLEL ITALIE, AP National Writer NEW YORK - Al Franken, the humorist being sued by Fox News Channel for use of the phrase "fair and balanced," said Tuesday he doesn't mind the legal action. AP Photo But he does wish it hadn't happened during his vacation. Fox sued the former "Saturday Night Live (news - Y! TV)" performer and his publisher, the Penguin Group, to stop them from including "fair and balanced" in the title of his upcoming book. Filed Monday in State Supreme Court in Manhattan, the trademark infringement lawsuit seeks to force Penguin to rename "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right," scheduled for release next month. It also asks for unspecified damages. Fox News registered "Fair & Balanced" as a trademark in 1995, the lawsuit said. ...it's their trademark, and it's VERY obvious that Franken put it as hit title simply as a shot to them, trying to be a cute smart ass. I thought Franken made it perfectly obvious in the little showing with Bill O'Reiley on MSNBC at that book conference. Share this post Link to post Share on other sites
Dr. Tyler; Captain America 0 Report post Posted August 13, 2003 OF COURSE it was a pot shot at them, but Jesus. As Marney said, whomever issued that copyright needs to be fired. Share this post Link to post Share on other sites
Downhome 0 Report post Posted August 13, 2003 OF COURSE it was a pot shot at them, but Jesus. As Marney said, whomever issued that copyright needs to be fired. Why? Individuals and companies which make certain phrases really popular register tradmarks for them all of the time, it's nothing new. If you have an issue with people registering "phrases" that's one thing, but it's simply being blind to ignore the facts of the matter here. Franken is in the wrong, and Fox News has every legal right to do what they are doing... ...and to win. Share this post Link to post Share on other sites
