Does FAUX News own "Fair and Balanced?"

[ibegurpard]

Apparently they think so. Following in the great right-wing tradition of slamming litigation and then filing lawsuits when it suits them, FAUX has sued Al Franken for using the phrase "Fair and Balanced" in his latest book.

Fox Sues Humorist Al Franken Over Slogan
http://www.washingtonpost.com/ac2/wp-dyn/A45293-2003Aug11?language=printer
"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."
<snip>
"Fox News registered "Fair & Balanced" as a trademark in 1995, the suit says."

:eyes:

[tom_paine]

1. I thought Stalinist Pravda had the trademark on that baby?

Perhaps it was Hitler's Reichsnews?

I don't know, it's so easy to get those three mixed up.

[in_cog_ni_to]

2. From what I understand

and it isn't much, mind you...:-)...the words Fair and Balanced can be used in parody/sarcasm/satire. The words on Franken's book are not in quotation marks and are just part of a sentence and any idiot knows his book title is satire. Faux News will lose this one if there's a fair and balanced judge who isn't owned by Rupert Murdoch. :-)

[ibegurpard]

8. I have a hard time seeing how such a generic phrase

could be copyrighted even if it was NOT satire.

[in_cog_ni_to]

10. I know

but it was coptrighted by Murdoch. As someone else said, Fair and Balanced was around LONG before Faux news was. Faux News is going to look REALLY stupid on this one and I suspect their rival, CNN, will help in the effort. :-)

[RobertSeattle]

3. I'll be watching this

"Fair and Balanced" has been around long before Murdoch. If you do a google on "Fair and Balanced" you get 43,000 hits. I hope Franken posts the legal paperwork that the Faux News lawyers have created - it should make them look petty.

http://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=%22Fair+and+Balanced%22&btnG=Google+Search

[HFishbine]

4. Satire

is protected speech.

If Fox is really concerned abotu protecting their mark, they should recognize that satire is not an infringment, but the following may actually be infringments:


- www.conservativetruth.org (Fair and Balanced is their slogan)

- The Church of God Race Relations which promotes its website as being "Fair and Balanced" (as they decribe how the white race is being wiped out and how interracial marriages are sinful) (http://www.cograce.org/)

They may also need to go after the Weekly Standard for calling for a fair and balanced judiciary. (http://www.weeklystandard.com/Content/Public/Articles/000/000/002/214mgwjk.asp)

Finally, I don't know enough about trade law, but any rights Fox has to "Fair an Balanced" should be revoked because of deceptive trade practices.

[in_cog_ni_to]

5. Exactly!

and they should be sued for false advertising. Al Franken's counter suit?

[jbfam4]

7. you took the words

right out of my mouth...

[Stephanie]

6. Please forward to Franken!

Excellent points!

[mark0rama]

15. If Fox isn't going after these conservativetruth.org and cograce.org...

...they are enforcing their alleged trademark selectively, which is a good way to lose one's trademark.

[xray s]

9. Let them sue

Just more publicity for Al's book.

[Blue_Chill]

11. Exactly what I was thinking

More publicity the better.

I was also thinkin, if you worked at Fox News would you want more attention on "Fair and Balanced"? I mean if I worked there and they made me say it I would mumble it or cough thru it.

[El Mariachi]

12. uh

Uh, the Publisher's lawyers are aware of this already no need to forward this to him.

[kentuck]

13. Yes. and O'Reilly owns "no spin zone"....

So don't use those words anymore either, hear?

[ibegurpard]

14. Seriously, though, you could make a better argument for that phrase

than "fair and balanced." Fair and balanced is too generic and was around long before FAUX News. I can't see how they could have possibly copyrighted it in the first place.