To Fox, 'Fair and Balanced' Doesn't Describe Al Franken
In the dry corner of business law called trademark litigation, Fox v. Franken is an unusually lively document. Along with mundane accusations of unfair competition, the lawsuit includes some especially derisive remarks about the defendant, Al Franken, the political satirist.
The court papers were filed in State Supreme Court in Manhattan and became public yesterday. In the lawsuit, a judge is being asked to decide an important question: who has the right to use the word "fair" and the word "balanced" together, connected by the word "and"?
Lawyers for Fox News Network, part of Rupert Murdoch's media empire, News Corporation, contend that Mr. Franken should not be allowed to use those words in the title of his new book due in stores next month, "Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right" (Penguin).
They argue that Fox has trademarked "Fair and Balanced" to describe its news coverage and that Mr. Franken's use of the phrase would "blur and tarnish" it.
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http://www.nytimes.com/2003/08/12/nyregion/12FRAN.html?ex=1061265600&en=6bd4512b3125599c&ei=5062&partner=GOOGLE