Fox Sues Humorist Al Franken Over Slogan The Associated Press Monday, August 11, 2003; 5:15 PM 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. http://www.washingtonpost.com/ac2/wp-dyn/A45293-2003Aug11?language=printer
DAMN IT you -just- beat me to it.. http://news.google.com/news?hl=en&lr=&ie=UTF-8&oe=UTF-8&safe=off&q=fox+al+franken&sa=N&tab=wn
Oh yeah. I was going to post this, but got distracted. It's hilarious. I think I've heard O'Reilly complain about frivolous lawsuits and trial lawyers before. If not O'Reillly I know I've heard others on FOX rail against that. I guess after the showdown at the press function someone was bitter about how they came out. I did hear that Al Franken's book on pre-order on Amazon jumped from late 100's or 200's spot to the 88th spot. I'm looking forward to reading it.
Confuse the public into thinking that an Al Franken book was produced by Fox News? Wow, that is amazing. I will not buy the book.
I'm gonna pre-order as well. I can't believe that three words that are used so often can be trademarked. Theoretically, can I be sued for putting that anywhere in the text of a book? "Judge Ractchet had to make a fair and balanced decision in the chili cook off."
I am going to trademark all kinds of words and phrases..." The"..."I"..." and"..." for"... Phrases to be tm'd include " The Real_______"..."The Case of_______"..."The ______ Mystery"..."...Then and Now."..."Good and Evil"..."How To _____"...etc. I'll sell shares...who wants in?
I'll never forget when Ice T had that really really horrific rock/rap band Body Count. It had the song Cop Killer on it and everyone went nuts. Then vice president Dan Quayle went all over tv to decry it. It sold a few million copies and then they yanked it from shelves, changed the cover and re-released the album without Cop Killer and it sold a few MORE million copies. So, by complaining as loudly as possible, all that happened was that the really crappy band with horrible songs made a couple million bucks. If Quayle would have just shut up, Body Count would've ended up dying in obscurity as it should have been.
I've read a number of things from Franken, and usually enjoy them. Rush Limbaugh Is A Big Fat Idiot, was a great read. His last book was ok some of the time, and some of it wasn't so great. This book sounds like where Franken is strongest, and I really look forward to reading this one.
Franken Makes Light of Fox Slogan Lawsuit 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. 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. "I normally prefer not to be out of the country on vacation when I'm sued. However, from everything I know about law regarding satire, I'm not worried," Franken, who has not filed a response in court, said in a statement released Tuesday. He is vacationing in Italy. Franken also thanked Fox "for all the publicity." As of Tuesday night, "Lies" had reached No. 4 on the bestseller list of Amazon.com, one ranking ahead of the latest Harry Potter book. In its court papers, Fox described the author and liberal commentator as "neither a journalist nor a television news personality. He is not a well-respected voice in American politics; rather, he appears to be shrill and unstable. His views lack any serious depth or insight." Fox alleged that Franken was "either intoxicated or deranged" when he attacked the network and conservative host Bill O'Reilly at an April press correspondents dinner. The lawsuit also says that Franken has been described as "increasingly unfunny." "As far as the personal attacks go," Franken responded, "when I read `intoxicated or deranged' and `shrill and unstable' in their complaint, I thought for a moment I was a Fox commentator. "And by the way, a few months ago, I trademarked the word `funny.' So when Fox calls me `unfunny,' they're violating my trademark. I am seriously considering a countersuit."
Fox and their people say horrible things about people and throw out accusations, yet if somebody pokes fun at them, they must be deranged, intoxicated, shrill, unstable, etc. Well, I guess we say the same about Ann Coulter, though when I call her crazy, I don't mean that she's lost control of her mental faculties, I mean crazy as in evil.
That was hilarious. It looks like even another conservative show, Scarborough Country is mocking Fox's suit as well.
While you dudes are pre-ordering Franken's book, don't forget about Molly Ivins, she's got a new book coming out as well. It's called "Bushwhacked: Life in George W. Bush's America."
I've known for a long time that Fox wears like a cheap suit, but this is rediculous. . . . . . . Sorry, the only thing cheaper than Fox and it's parody of the news is my sense of humor.
Franken's book has now gone to #1 on Amazon. It's beating out Harry Potter and everything else. IT was in tripple digits prior to this mess. Did anyone watch Keith Olberman's show tonight? On that show they were saying that Fox should also trademark 'Thin-Skinned' 'Self Important' and 'Facism'. It was pretty funny. My favorite was 'Self Improtant'. Fox referrs to itself as 'World Famous' frequently.
Al Franken should send Rupert Murdoch and Roger Ailes a bottle of Dom each. You can't BUY this kind of pub for a book. And it's HUMOR. Parody is protected. And, this is publishing, not television. Of course, that doesn't mean the court couldn't rule in Fox' favor. If it's trademarked, I don't know whether that right extends to a use in publishing, a different field. For example, Lexis v. Lexus. Lexis loses. Different product, therefore no opportunity for confusion. If the court does anything, it should be to sua sponte rule that Fox can't use FAIR AND BALANCED because it's a gross misrepresentation of the product. E.D. Hill is trailer trash with a Manhattan wardrobe. That has to be the dumbest woman on television. She's the only person on network news shows who gets her news from RNC press releases. They must send her talking points every day.
