Fox News sues Franken

[Youth N Asia 0]

That is complete bullshit!

 

...Al Franken is NOT a humor writer.

[Edwin MacPhisto 0]

I know jack about copyright law, so Vyce or someone with more knowledge, step in any time, but aren't satire and parody given protection in this sort of situation? I don't think anyone who's not an idiot is going to believe that Franken's doing anything but poking fun and mocking Fox News in parodical/satirical/ironic fashion.

[Vyce 0]

Parody is a defense that he could use. Hell, it worked for Larry Flynt.

 

But whomever said that this would be settled out of court is most likely correct. That's the path of least resistance (and monetary detriment). It wouldn't surprise me as well if part of any possible settlement entails the changing of the title.

 

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?

 

It's all in the context of how he's using the phrase. If he's doing so in a manner that deliberately invokes a comparison to Fox News (and let's be honest - that's pretty much certain) than that's where he runs into problems. I haven't seen this book - but knowing Franken it wouldn't surprise me if right next to the words "Fair and Balanced" on the cover he's got a picture of Bill O'Reilly or something like that.

 

If that's true, than the phrase "Fair and Balanced" becomes more than just English words on the page and then you get into the gray area of whether he's infringing upon their trademark, as the phrase "fair and balanced" IS associated with the "mark" of Fox News, and regardless of how ridiculous the trademark may be, Fox would have a legitimate claim against him for using it. Whether a trial court finds there to be any actual infringement comes later on - by that time, attorneys for both sides will be able to rack up at least a few nice, large bills for all of their work.

 

Vyce

-- who wishes he had copyrighted the phrase "Dean for America" a couple years back, cause he'd be filing the legal suits right now.

 

 

 

 

 

 

 

 

 

(No one tell Mike I infringed upon his trademark, okay?)

[Dr. Tyler; Captain America 0]

[MarvinisaLunatic 0]

So wait a second..

 

Fox News is the only people who can claim to be fair and balanced?

 

I can't claim to be fair and balanced?

 

Well then I'm Unfairly Unbalanced! Whatever the hell that might mean.

 

*Goes and patents Unfairly Unbalanced so no one else can use it, like anyone else would want to*

[kkktookmybabyaway 0]

It has nothing to do with FNC or Al, but I suddenly remembered this story from scanning recent posts regarding this thread and figured if someone didn't know about this laughable lawsuit they do now...

 

http://advertising.about.com/library/weekl...y/aa040301a.htm

 

"Better ingredients. Better pizza."

 

Papa John's claims its pizza is "better" than Pizza Hut's. It's a claim Pizza Hut didn't take lightly. In fact, the company's lawyers filed a federal false advertising lawsuit against Papa John's.

 

This on-going battle actually began in 1998. But the U.S. Supreme Court recently put this case to rest, turning down Pizza Hut's appeal.

 

The problem stemmed from Papa John's famous slogan, coupled with a national advertising campaign. One of the ads stated Papa John's "won big time" in taste tests over Pizza Hut. Other ads in the campaign alleged Papa John's sauce and dough were better than Pizza Hut's because they were made with fresh tomatoes and filtered water.

 

That ad campaign prompted Pizza Hut to file the false advertising lawsuit. The company's lawyers said they had scientific evidence proving Papa John's ingredients didn't affect the pizza's taste.

 

Initially, a jury sided with Pizza Hut agreeing that Papa John's claims of better sauce and dough were false or misleading. The judge ordered Papa John's to stop using the "Better ingredients. Better pizza" slogan and awarded Pizza Hut $467,619 in damages.

 

Jurors in that trial were asked if the ads were likely to deceive the consumer. But a federal appeals court later said the jurors were never asked if consumers relied on Papa John's "better" claims when deciding what pizza to buy. So last September, the 5th U.S. Circuit Court of Appeals overturned the verdict and ruled in favor of Papa John's.

 

There's heavy competition in the pizza world, especially between Pizza Hut and Papa John's. Pizza Hut maintains the number one position, followed by Domino's and then Papa John's.

 

But the heated competition is between Pizza Hut and Papa John's. Apparently, their rivalry is so fierce, Pizza Hut reserves any phone numbers that spell out the letters P-A-P-A...just so Papa John's can't get them.

 

The better-best argument also affects the results of this case. You've seen commercials where a company claims to have the "best" thingamajig. "Best" can be used without having to backup your statement. When you use "better," you "better" have proof to substantiate your claim.

 

Papa John's adamantly denies Pizza Hut's false advertising charges. The company's lawyers maintain the statements made in the ad campaign aren't false, but are merely statements of personal taste.

 

Lawyers for Pizza Hut said Papa John's ads violate federal law. They claim even without evidence that customers relied on the "Better ingredients. Better pizza" slogan to base their pizza-buying decision, Papa John's ad campaign is deceptive. Pizza Hut execs say the decision is unfair to both consumers and responsible advertisers.

[Vern Gagne 0]

I'm thinking of using the term "unfairly unbalanced" what does everyone think

 

Notices Marvin is using it...begs for mercy.

[Guest SideFXs]

I used to like Al Franken, when he was on SNL. His Stuart Smalley bits were amusing. But, these liberal celebrities need to somehow voice their activism. ARG!!

 

I wonder what Al Franken will have to say about Rush Limbaugh?

 

"If I wielded supreme power, I would make Rush Limbaugh sit on George Bush's face. Oh that's gotta hurt!"

 

It's kind-of funny how many liberals have not seen a picture of Rush, less than six years old, back-when they didn't take him seriously. They still think he is fat.

 

If I decide to read Franken's satiric ranting, I am sure I will find it in the 'fiction' section, in a Used-books store.

 

It is always interesting to listen to Franken. He is funny at times, but he gets bogged-down in tiny details of proof when he tries to discredit conservative politicians and media celebrities. And I get this look of contempt on my face, every time I hear him scoff and speak of the biased unbalance of Fox News, completely missing the balance of his presentation.

 

"A Fair and Balanced Look at the Right" sure sure Al.

[Dr. Tyler; Captain America 0]

Nobody takes Rush seriously even to this day, and not because he's "fat".

[the max 0]

Couldn't Franken just change it to "Balanced and Fair"?

[Dr. Tyler; Captain America 0]

Doesn't sound as good.

[Jobber of the Week 0]

You know why I don't like Rush?

 

Almost never, ever can admit he might possibly he wrong. Whenever a guy is telling me that he's absolutely sure that his opinion is the best and the greatest and he doesn't even have the tiniest doubts over it, then I'm not so sure I can trust him. Conservative or Lib.

 

 

EDIT: Did anyone see Daily Show? They pointed out a part in the suit where Fox is actually concerned that this use of Fair And Balanced will "tarnish it's meaning." Then Stewart just buried his head in his hands. LMAO.

[Vyce 0]

So he did use a picture of O'Reilly.

 

That could potentially bode ill for him. Only strengthens FOX's argument.

 

BTW, about Rush - isn't he supposed to be DEAF? I remember a lot of jackals cackling with glee over the that when that news broke. Is he cured now? o.O

[Dr. Tyler; Captain America 0]

O'Reilly certainly isn't the focus of the cover, though.

[Hogan Made Wrestling 0]

I used to like Al Franken, when he was on SNL. His Stuart Smalley bits were amusing. But, these liberal celebrities need to somehow voice their activism. ARG!

As opposed to conservative "celebrities" like O'Reilly and Limbaugh? Franken is no more or less credible than most of the blowhard self-appointed "experts" you see doing political commentary these days. The fact that you actually take him seriously just shows he's getting the desired response from one part of his target audience.

[BX 0]

Right. Some people don't need to pick on Rush's weight.

 

Remember when he said he was "going deaf"? Well, a couple of months later, he claimed that he was 100% again. So whatever.

[Vern Gagne 0]

He was going deaf. He had surgery to correct the problem.

[Guest JMA]

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.

That's because Fox News... kinda sucks. They deserve anything bad that happens to them.

[Guest JMA]

Eh, I've seen many people make fun of Moore's weight as well (not that I give a damn). So both sides do it.

[sfaJack 0]

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.

That's because Fox News... kinda sucks. They deserve anything bad that happens to them.

Are you saying this because you actually think that they deserve to have bad things happen to them, or is it simply because you don't like their viewpoints?

 

Jesus, for someone who (constantly) promotes tolerance for all walks of life in this world (i.e. your condemning the board's "hatred" of the French), YOU sure are quick to wish bad things on those whom you don't happen to agree with.

[Vern Gagne 0]

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.

That's because Fox News... kinda sucks. They deserve anything bad that happens to them.

That's it they kinda suck. Come on you can do better than that.

[Guest JMA]

Are you saying this because you actually think that they deserve to have bad things happen to them, or is it simply because you don't like their viewpoints?

 

Jesus, for someone who (constantly) promotes tolerance for all walks of life in this world (i.e. your condemning the board's "hatred" of the French), YOU sure are quick to wish bad things on those whom you don't happen to agree with.

 

Dude, I meant the channel, not the people. Anything bad that happens to the channel is well deserved. And I didn't condem anyone's hate for the French, FYI. It was just a poll.

[Guest JMA]

That's it they kinda suck. Come on you can do better than that.

I'm a Foley mark. So sue me.

[Guest JMA]

P.S. I was the guy who called the whole Flynt praying for O'Reilly's death thing to be immature and stupid. Wishing death or harm on any person (besides maybe a ruthless dictator or something) is pretty stupid, IMO.

[Vyce 0]

O'Reilly certainly isn't the focus of the cover, though.

Eh, it might be enough. The gist of Fox's whole argument is that he's profiting by using their trademark without permission.

 

Him having a picture of their most recognizable employee on his book cover is just more ammo to support that claim.

 

Eh, I've seen many people make fun of Moore's weight as well (not that I give a damn). So both sides do it.

 

Here's the thing that's always bothered me with making jokes about Limbaugh & Moore's weight - it's too goddamn easy.

 

I mean, if you're going to insult either man based upon the fact that you don't like their ideology, at least have the decency to do it in a more witty manner than "OMG He's got a great big fat ass!"

[Guest JMA]

Here's the thing that's always bothered me with making jokes about Limbaugh & Moore's weight - it's too goddamn easy.

 

I mean, if you're going to insult either man based upon the fact that you don't like their ideology, at least have the decency to do it in a more witty manner than "OMG He's got a great big fat ass!"

Agreed.

[Guest SideFXs]

The fact that you actually take him seriously just shows he's getting the desired response from one part of his target audience.

I definitely accept your arguement.

 

Al Franken resorts to personal attacks, on polarizing media types. His lone successful gimmick, to sell books. And I fell for it again, just like I did seven years ago, with his book about Limbaugh. It was titled, "Rush Limbaugh-A BIG FAT IDIOT and other observations."

 

Now, using the same gimmick, he poses predominately in the foreground. With Bush, Cheney, O'Reilly, and Coulter in television monitors behind him, Franken professes the title, "Lies and the Lying Liars Who Tell Them. A Fair and Balanced Look at the Right."

 

And, no doubt, he is capitalizing on a successful slogan used by Fox News. I don't blame Bill O'Reilly or Fox News at all for suing for the rights, of this slogan. But, if Fox News had just let it go, the content of Franken's book would have doomed it. Now it is front page news.

 

O'Reilly certainly isn't the focus of the cover, though.

 

I agree with Tyler, Franken posing in the foreground, means its all about Al Franken. I would say he is using the book as a launching pad for the anchor on WLIB, a proposed liberal radio show meant to counter the conservative tenor of today's talk radio.

[Guest MikeSC]

Nobody takes Rush seriously even to this day, and not because he's "fat".

About as many take Rush seriously as take Dean-o seriously.

-=Mike

[Guest JMA]

About as many take Rush seriously as take Dean-o seriously.

-=Mike

I'd say more people take Dean-O Machino seriously than Limbaugh. One is a potential candidate, the other is a political pundit. And on another note, Fox News gives conservatives a bad name. It portrays them as flag-waving loudmouths who don't know when to shut up. Most conservatives I know are normal people, the same goes for liberals.

[Dr. Tom 0]

I'd say more people take Dean-O Machino seriously than Limbaugh.

If Dean had $10 for each of Limbaugh's listeners, he'd be pretty well-funded already.

 

Note: I don't listen to Rush. But a lot of people do, so it's pointless to say no one takes him seriously.