Anyone read the article about Franken's response to Faux?

[thom1102]

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20030813/ap_on_en_tv/publishing_franken_lawsuit_6

Fox alleged that Franken was "either intoxicated or deranged" when he attacked the network and conservative host Bill O'Reilly at an April press correspondents dinner. The lawsuit also says that Franken has been described as "increasingly unfunny."


As far as the personal attacks go," Franken responded, "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."

I can't wait for that book to come out!

[flyingfish]

1. Faux did Franken a HUGE favor

Any publicity is always good publicity.
And those immature comments just make Faux look bad.

Franken's comeback is classic. Nothing a "C" political commentator would think up.

[Divernan]

7. Fox's whining personal slurs on Al are legally gratuitous.

The issue before the court in the suit is whether Fox should have been allowed to trademark the phrase "fair and balanced", and if so, whether Franken's use of the phrase violated the trademark.

All the cry-baby, personal attacks on Al's character and talent are totally irrelevant to the court's consideration and are likely to insult and anger a judge who reasonably expects the lawyers for any party to control the language in legal pleadings and not indulge their client's vitriolic nature. Judges are big on the dignity of their courtroom.

[Cha]

2. Thanks for this! Last night was the first time I had heard Al

was being sued by faux news and this is perfect response!

[The Zanti Regent]

3. Al is crying all the way to the bank

How stupid can the 19th Century Fox fools be?????

[GOPisEvil]

4. I'm sure there is a "decpetive trade practices" suit in here somewhere...

After all, it would be quite easy to prove that FauxNews is FAR from fair and balanced, and that this constitutes consumer fraud. :evilgrin:

[hippiechick]

12. I'm guessing that the terms 'fair' and 'balanced'

...are so widely used in various trademarks for all kinds of goods and services (http://www.uspto.gov/main/trademarks.htm) that there would be a small likelihood that Faux could get sole registration on it, unless they agreed to only use the terms in tandem with their name, ie, "Fox News Fair And Balanced" - which can obviously be proven as disingenuous and/or 'false advertising'.

There may be a case here for a real go-getter of a trademark attorney to get the USPTO to cancel Faux's registration, if they indeed do have it.

(I work in a trademark law dept at an insurance co. but don't know nearly enough of the legal idiosynracies.)


:hippie:

[Divernan]

5. I just pre-ordered the book at Barnes&Noble.

I would have bought it when it came out, but if we pre-order, it gets Al's sales numbers up immediately following Faux's suit - gives me a pre-order laugh.

[pansypoo53219]

6. plus

ya make sure the title page has the fair and balanced part.

[trogdor]

8. Kinda funny that there is video and mp3 of that incident all over the net.

I take it this is the one where Franken calls bullshit on O'Really's claiming to have won a Peabody award, and he gets flustered and lashes out at Franken in the end and starts to sound...er...deranged (intoxicated maybe?). I'd love to be a fly on the ceiling in court when the defense plays it back for the jury. Every eye will roll.

[LuLu550]

9. Al called O'Reilly on his made-up working class roots, too

O'Reilly claims to have working class roots and says he grew up in Levittown, Long Island. Problem is, O'Reilly's dad was an exec and they lived in the more up-scale town of Westbury. When Al called him on it at the book conference, O'Reilly turned red and said he grew up in the "Westbury section of Levittown" which does not exist.
O'Reilly is so "truthful," he lies about his hometown!
LuLu

[supernova]

11. Michael Kinsley

has called him on the carpet about his supposed blue collar roots too.

[thom1102]

10. kick