A short history of "fair and balanced"

[wyethwire]

You know all about the lawsuit against Al Franken, but here is a free bit of advice for the defense team.

Fox News claims they trademarked "fair and balanced" in 1995. In that case, these people - who were using the term before that time - ought to countersue.

Including Bill Clinton.

[samsingh]

1. reminds me of the shit NBC put Letterman through

with the Top 10 list. Letterman eventually said that he had copied it from popular magazines.

even Gates could not copywrite Windows.

[Eloriel]

2. It's my understanding --

and let me emphasize that I'm positively NOT an expert, or even an attorney -- that to protect trademark they'd have had to use the trademark symbol everywhere all the time, and go after people (as they're doing now) who use the term casually without the trademark notice that it belongs to Fox.

I rather doubt they have anything to stand on.

BUT this "understanding" is from some research I did on the subject a decade or more ago. It will be interesting to see how this plays out.

Eloriel

[GumboYaYa]

3. I looked at the trademark filing tonight.

It is a design trademark. Under trademark law it is difficult, if not impossible, to trademark descriptive terms. The strongest trademark protection is reserved for terms like Kleenex or Zerox, where the term develops an independent meaning from association with a product, company, ad campaign, etc. You can trademark descriptive terms in association with a design or unique use, however it is not afforded the same protection as nondescriptive terms. Additionally, FOX trademarked the term exclusively in association with the class of services of television news. Even if they have trademark protection, it does not extend to any and all use of the term.

IMO FOX does not have a leg to stand on in this lawsuit. I think they know this too, but elected to file for a few reasons. They are getting a ton of free press. That can't be bad. Also this will have a chilling effect on other people criticizing FOX. The public is on notice now that if you screw with FOX you get sued. It will make some think twice before crticizing in the future.

[grytpype]

5. But they're arguing "dilution" and "blurring / tarnishing" as well.

The arguments of last resort to a trademark owner. Or actually, a servicemark in this case.

The accused goods (Al's book) has little relation to the goods for which the trademark is registered, I don't even think they are in the same class.

Fox's case totally sucks.

[GumboYaYa]

13. That argument is laughable if you

actually look at the cover. There is the word "LIES" in all caps bold red across the face of the Fox news personalities.

Yeah, I thought this was sponsored by FOX.

And you are correct, Al's books and the FOX registration are apples and oranges.

FOX' claim is good enough to get them into court, but that is about all. Personally, from what I have seen of the petition, it was a hatchet job with the intent to slander. I hope Franken comes back with guns ablazin.

[grytpype]

4. I gave Al some free advice yesterday as well...

Here's my advice to Al, sorry if you've seen this before, I'm trying to get the idea "in the air" so to speak:

---

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.

Best of luck.

[Stephanie]

7. You are SO right!

Open up all of Fox's files to discovery. Every memo from Rove. Every suspicious ad buy. Every biased directive to the reporters.

Please get this to Franken!

[Democat]

8. This is a great idea

To get more publicity, Franken should have his publisher's lawyers file to void the Fox trademark on the basis of it being "deceptively misdescriptive".

Anytime the right hits you, hit them back harder.

[JawJaw]

11. Hmmmm

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!"


You're a devious bastard, grytpype. But, i love the idea !!


Maybe this whole farce could form the basis for Franken's next book: "Fighting Fire With Fire"?

[sugargoose]

6. I thought that the right

believes lawsuits to be the downfall of America??

[private_ryan]

9. FOX has ZERO chance of winning

Fair and balanced it's a relative term, just like the "the best". I can say I'm fair and balanced and Fox can kiss my ass. Not to mention the satire and the fact tht Franken wrote a book, he didn't start a network that claism that.

[alaine]

10. Al's book is at #1 on Amazon right now...

Fox is gonna rue the day they gave him all this fair and balanced publicity.

[UTUSN]

12. Jon STEWERT Said "Blurring and Tarnishing"

is something Faux knows something about. Re-run today at 10 EST, he led with this topic.

[Skittles]

14. LOL! THEY ARE NOT DISPUTING THE LYING LIARS

just the freakin' "trademark" FAIR AND BALANCED which is also a LIE!!!!!!!!!!!

[wyethwire]

15. Sue Sean Hannity

Let Freedom Ring has already been trademarked

[Iverson]

16. It's the real thing!

I bet Franken would rather fight than switch. Hey, an army of one like him should be all he can be and just do it! He should countersue for fast, fast, fast relief.