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I think they're serious!Fox Sues

by Prometheus 6
August 12, 2003 - 12:58pm.
on Old Site Archive

I think they're serious!

Fox Sues Humorist Al Franken Over 'fair and Balanced' Slogan
The Associated Press

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.

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.

Fox's trademark is "Fair & Balanced" with an ampersand. Franken is using "fair and balanced" in a sentance. There is no chance anyone will be confused as to the origin of the book. And seriously, if including a trademark in the title of a book is actionable, Enron would be able to sue for enough money to stay in business.

I looked up "fair" and (not "&", mind you…don't want to get sued&hellip) "balanced" using Encarta 2002, and got the following list of adjectives:
fair adj
1. reasonable or unbiased: not exhibiting any bias, and therefore reasonable or impartial
2. done properly: according to the rules
3. meteorology not stormy or cloudy: sunny or clear, and without much wind
4. sailing good for sailing: favorable for sailing or travel by ship a fair wind
5. pleasing to look at: beautiful or pleasing to the eye
6. not blocked: clear and unobstructed
7. light-colored: light-colored, or with light-colored hair or skin
8. sizeable: reasonably large in size or quantity
9. baseball in fair territory: constituting a fair ball according to the rules of baseball
10. acceptable: no more than acceptable or average
11. better than acceptable: quite good, or very reasonable
12. unsullied: not marred by any blemish or stain
13. false despite appearances: seemingly good or true, but actually false or insincere
Microsoft® Encarta® Reference Library 2002. © 1993-2001 Microsoft Corporation. All rights reserved.

balanced adj
1. even-handed: taking account of all sides on their merits without prejudice or favoritism
2. healthy: containing different elements in suitable quantities or suitably arranged to produce a satisfying and effective whole
3. mentally stable: in a state of mental and emotional stability and able to make rational judgments
Microsoft® Encarta® Reference Library 2002. © 1993-2001 Microsoft Corporation. All rights reserved.

It is significant that, by definition 13 of "fair" and definition 2 of "balanced", their trademark is a true statement.

LATER: Eugene Volokh (who I was never annoyed at, it was that one post by Tyler Cowen that dissapointed me) says:

I suppose that the criticisms of Franken are in some measure to the tarnishment theory -- but they still make the complaint sound like a snit fit. Also, the tarnishment theory is in any event very weak: 15 U.S.C. sec. 1125(c), which discusses "trademark dilution" (the legal rubric under which tarnishment claims generally fall) specifically exempt "All forms of news reporting and news commentary" as well as "Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark." First, Franken's book is news commentary. Second, the more that Fox argues that Franken is referring to it, and unfairly competing with it, the more Franken would be able to claim that he is therefore engaging in "comparative . . . promotion" that identifies his work as an alternative source of commentary to Fox. (Thanks to reader Jason Walta for pointing me to the New York Times article.)

Well, that about wraps it up as far as I'm concerned. Except for the free publicity, of course.

And what ever happened to Savage Weiner's case?

posted by Prometheus 6 at 8/12/2003 12:58:58 PM |

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