Here's an email I just sent to Al Franken about his Fox case...

[grytpype]

Al, here's what I would do if I were you:

A trademark is not supposed to be "deceptively misdescriptive" of the goods the mark is used on. 15 U.S.C. § 1052. So, what you should do is you state a counterclaim under 15 U.S.C. § 1119 for cancelation of the Fox trademark registration because "fair and balanced" is "deceptively misdescriptive" of Fox News!

This does two things, (1) the Fox people soil themselves and (2) you get to take discovery, rummage through documents, depose witness, etc. about whether Fox is "fair and balanced." Have a field day. Put Rupert Murdoch on the witness stand, get medieval on him. That's exactly how they got Clinton, it's only fair to turn the tables on the bastards.

[West Coast Democrat]

1. Good Idea!

Let us know if you hear back from Al.

The other cable news networks may be more than happy to jump on the story of a countersuit against Fox.

[HFishbine]

2. Excellent!

Well done!

[wryter2000]

3. Bravo!

Please, share any response you get.

[LisaM]

4. Exactly!

Since you are inherently not allowed to use a trademark that is descriptive of the goods and services - Fox's is either mis-descriptive, or is not enforceable as a trademark. It really should never have been issued. I checked the trademark office records and they passed it through with virtually no objections, either.

[grytpype]

5. Right, it's a weak trademark in any event...

because it is descriptive, or it is supposed to be descriptive, of the goods. It's not that you're not allowed to use such a mark, it's just that the public has a right to describe its own goods accurately (like Al's book).

It's a very weak case Fox has.

[KC21304]

6. I knew when I heard this yesterday, it would be good for

another book and at least a few tv shows. And O'Reilly says Al is deranged ? Let's go to the video tape.

[Liberal_Andy]

7. beautiful!

hope it works.

[gristy]

8. oh, MY!

:bounce:

[samsingh]

9. kudos for the great research!

COOL.

[stopbush]

10. Al could win this case

just by submitting the "guest lists" for all of Fox's top shows (we all know that the hosts of ALL of their shows are right wingers).

Now, imagine that Al gets affidavits sworn out as to the political leanings (ie: declared political party) of each and every host, anchor and guest that has appeared on Fox News since they applied for their F&B "trademark." Does anyone doubt that it would show that 90-plus% of Fox talking heads are repigs? (I'd like to see the look on Bill O'Really's face when the execs tell him he better take one for the team and declare himself a Dem to even out the left-right numbers!).

By getting all of them to declare their party affiliation it would show the world once and for all that they are nothing but right-wing shills masquerading as a news network.

You go, Al!!!

[Junkdrawer]

11. When they opened that door called "Lawsuit"...

I'd love to see them defend "fair and balanced". A couple of hours of Fox and Friends, recorded on any random day, should be enough.