Fox Sues Humor Writer for Using 'Signature' Slogan (Al "Irrelevant" Franken)

Yahoo! News ^ | August 12, 2003 | Reuters

[El Conservador]

NEW YORK (Reuters) - Fox News Network is suing humor writer Al Franken for trademark infringement over the phrase "fair and balanced" on the cover of his upcoming book, saying it has been "a signature slogan" of the network since 1996.

According to court papers made available on Monday, Fox is seeking a temporary or permanent injunction against Franken and publisher Penguin Group to stop them using the phrase in connection with the book to be published next month.

The network, part of the News Corp group, also asked Manhattan Supreme Court for compensatory and punitive damages.

The title of liberal satirist Franken's new book is "Lies and the Lying Liars Who Tell Them." At the bottom of the planned cover is the tag line, "A Fair and Balanced Look at the Right."

Fox claims the use of the phrase is intended to confuse the public and boost book sales.

In the lawsuit, Fox said the network was created "as a specific alternative to what its founders perceived as a liberal bias in the American media."

A spokeswoman for Penguin imprint Dutton, Lisa Johnson, called the lawsuit "extraordinary."

"In trying to suppress Al Franken's book the News Corp is undermining First Amendment principles that protect all media by guaranteeing a free, open and vigorous debate of public issues," she said.

"The attempt to keep the public from reading Franken's message is un-American and runs contrary to everything this country stands for."

Franken worked as a comedy writer in the 1970s and has appeared frequently on "Saturday Night Live."

Reuters/VNU

[El Conservador]

Trying to cash in Fox's popularity

[nina0113]

How does she extrapolate "Take our slogan out of your title" to 'suppressing the book'?

[dead]

Al Franken is a mouth-breathing moron, but FoxNews does not have the slightest bit of a legal case here.

[Paul Atreides]

The cover:

[BSunday]

Exactly what I was thinking. Probably the same way that the leftists extrapolate "You are haters of nature" about people who hunt and fish. Or even "You are murdering scum" about people who own guns. Or maybe "You are fundamentalist intolerate whackos" about anyone who dares mention the Bible in public. Argument Ad Adsurdum. It's their only tool.

[JustAnAmerican]

"Al Franken is a mouth-breathing moron, but FoxNews does not have the slightest bit of a legal case here.

If they can prove that people will associate that slogan with theirs, or that this moron purposely used that slogan as an afront to Fox News, they have a very good case. Trademark Laws are very specific when it comes to word marks.

[TomGuy]

The phrase "fair and balanced" was around long before FoxNews. Sorry FoxNews, you don't have any more right to those words than any other else does.

[Falcon4.0]

I'd say there is a good case for slander here as well. Franken is openly calling explicit persons liars.

And of course he's going to scream about his "Civil Rights" that's why he wrote the book. Now that there's law suits he can claim he's being persecuted for speaking out. Now his only problem his how to draw the line strait to G.W.Bush.

[Saundra Duffy]

FoxNews does not have the slightest bit of a legal case here.

I have to agree but it's a good way to get the word out there.

[KellyAdmirer]

Actually, I think it's funny that the stupid moron actually has his picture as the biggest one on the cover that screams it is all about liars telling lies. ;)

Btw, being successful enough to get your picture on the cover of Franken's book may be a source of perverse pride to one or two of the folks on the tv monitors behind him.

[katze]

Penguin is the one who publishes Tom Clancy's outstanding books--an odd combination of authors.

[dead]

If he were running a news channel, and was being deliberately deceptive in trying to steal their trademark, they'd have a case.

But they don't.

Howard Stern had an even more blatant conflict when he named his second book "Miss America" but the case was immediately thrown out of court. The ruling was that he was obviously not being deceptive or trying to make people believe that his book was about the beauty pagent.

The words "fair and balanced" belong to nobody.

[GigaDittos]

Look at him, he's a dribbling wuss. Even with a pace-maker, Cheney could kick his ass. And I'm so sure it's fair and balanced. At least those folks in the background don't pretend to be something they're not.

[GigaDittos]

It's seems the "newsroom" in the background would be a dead give-away. I mean wasn't this fool on Saturday Night Live...how related is that to a newsroom? So where is the relation to his past? Was he once a news person? If so, maybe he's got a chance, otherwise I think it's plainly obvious.

[skeeter]

Al Franken is entirely motivated by hatred for those with whom he disagrees.

I'm not even sure what the man believes.

[nina0113]

And Bill O'Reilly's on the lower left monitor! Oh no, it's not about Fox at all.

[John Beresford Tipton]

"Trademark Laws are very specific when it comes to word marks."

Yes, but if he did not appropriate their slogan as his, but rather used their slogan as "satire" then I think he's okay.
Satire is protected.

[gridlock]

Based on the words alone, I would say that FoxNews doesn't have much of a case. But given the fact that the cover shows Franken standing in a TV control room with two of four TV screens showing FoxNews personalities, their case is strengthened.

[GOPJ]

Liberals "feel" they don't think...( also, they play loose with concepts like telling the truth)

How does she extrapolate "Take our slogan out of your title" to 'suppressing the book'?

[CheezyD]

We have Ann Coulter. The left counters with... Al Franken?

ROFLMAO!!!