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Old 08-12-2003, 12:57 PM   #1
Rokenn
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Join Date: January 22, 2002
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They are suing Al Franken for using the words 'Fair and Balanced' in the title of his new book. Great free publicity for Al [img]graemlins/laugh2.gif[/img]

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.
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It's too bad Al is not running for Governor of California. I'd love to see the debate between him and Arnold [img]smile.gif[/img]

[ 08-12-2003, 12:58 PM: Message edited by: Rokenn ]
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Old 08-12-2003, 01:06 PM   #2
Timber Loftis
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Yeah, I heard about this on the news this morning. [img]graemlins/biglaugh.gif[/img]

MHO: Legally, there will be no likely consumer confusion, ergo no TM lawsuit. However, it'd be worth seeing Fox win if we could also see consumer groups turn around and sue Fox for fraudulent and misleading advertising. [img]graemlins/biglaugh.gif[/img]
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Old 08-12-2003, 02:23 PM   #3
Chewbacca
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Quote:
Originally posted by Timber Loftis:
However, it'd be worth seeing Fox win if we could also see consumer groups turn around and sue Fox for fraudulent and misleading advertising. [img]graemlins/biglaugh.gif[/img]
While we are at it can we sue Fox for confusing the war on terror with the war on Iraq.
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Old 08-12-2003, 04:04 PM   #4
Faceman
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read two similar things some months ago

- Ferrero (chocolate company) successfully sued the NGO website www.kinder.de for trademark violation.
"kinder" is one of their brand names but also the German word for children.
The site was offering advice for young parents.

- German Telekom tried to register the colour combination of Magenta and White unsuccessfully. They also tried to gain rights for all websites starting with the letter "t" (NO joke!)
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Old 08-12-2003, 04:15 PM   #5
Timber Loftis
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When Monsanto patented BT corn and soy, it took advantage of a lack of knowledge at the US PTO (patent & trademark office) and, quite literally, owns the patent on any genetic modification to these plants.
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Old 08-12-2003, 04:37 PM   #6
Grojlach
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Some brilliantly ironic additions from Drudge Report:

Quote:
The Drudge Report published...


# "Franken is neither a journalist nor a television news personality," according to the complaint. "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."

# Lawyers for Fox who filed the complaint also take issue with Franken's book cover because it "mimics the look and style" of two books written by Bill O'Reilly

# The court papers refer to Franken, who is a former "Saturday Night Live" writer and performer, as a "parasite"

# Franken is also accused of verbally attacking O'Reilly and Sean Hannity on at least two occasions, and of being "either intoxicated or deranged"...
[ 08-12-2003, 04:39 PM: Message edited by: Grojlach ]
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Old 08-12-2003, 06:05 PM   #7
Davros
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Quote:
Originally posted by Timber Loftis:
Yeah, I heard about this on the news this morning. [img]graemlins/biglaugh.gif[/img]

MHO: Legally, there will be no likely consumer confusion, ergo no TM lawsuit. However, it'd be worth seeing Fox win if we could also see consumer groups turn around and sue Fox for fraudulent and misleading advertising. [img]graemlins/biglaugh.gif[/img]
GASP - how could there be consumer confusion on this - surely no-one associates FOX News with the words "Fair and Balanced". Perhaps there ought to be a counter suit against FOX on the grounds that their public slogan is so evidently misleading .
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Old 08-12-2003, 11:25 PM   #8
Chewbacca
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Franken fires back!

Story
Quote:
NEW YORK (Reuters) - Humorist Al Franken fought back against Fox News Network on Tuesday over a lawsuit it filed claiming he infringed on its "fair and balanced" trademark by using the phrase on the cover of his upcoming book.
"From everything I know about law regarding satire, I'm not worried," liberal satirist Franken said in a statement issued by publishers Penguin Group.

Franken questioned the way he was described by the network, part of the News Corp group, in the 17-page suit filed in Manhattan Supreme Court on Friday and made public on Monday.

"As far as the personal attacks go, 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," he said.

Fox is seeking an injunction against use of the phrase in connection with Franken's book, "Lies and the Lying Liars Who Tell Them," due to be published next month. At the bottom of the planned cover is the tag line "a fair and balanced look at the right."

Fox said in the suit that Franken flew into a rage near a table of Fox News personalities at a press correspondents' dinner in April and acted "either intoxicated or deranged."

It said Franken has become "increasingly unfunny."

"Franken is 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," the suit said.

Fox claims it registered the phrase "fair and balanced" in 1997 and that it "was created as a specific alternative to what its founders perceived as a liberal bias in the American media."

Franken worked as a comedy writer in the 1970s and has appeared frequently on "Saturday Night Live."
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Old 08-13-2003, 01:15 AM   #9
Lord Lothar
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This is almost as stupid as Spike Lee suing TNN when they wanted to change their name to Spike TV.
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Old 08-13-2003, 12:27 PM   #10
antryg
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The only source of unbiased reporting on Fox that I know of is The Simpsons. It is the only program Fox has that has a TV personality and the level of journalism of integrity is much higher than their news programs. Besides, I think Homer is much smarter than O'Riley.
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