Don't Use Those Words: Fox News Owns Them

Los Angeles Times ^ | 08-14-2003 | Jack M. Balkin

[boris]

Don't Use Those Words: Fox News Owns Them

By Jack M. Balkin, Jack M. Balkin teaches constitutional law at Yale Law School.

Fox News is suing comedian and writer Al Franken in the New York courts, attempting to stop the sale of his forthcoming book, "Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right." Fox claims that Franken may not use the expression "fair and balanced" because it has been trademarked by Fox News and that Franken's book would confuse viewers about the source of the book and about the objectivity of its coverage.

[boris]

Editor Los Angeles Times

Sir:

Jack M. Balkin reasons like a lawyer, which is precisely his problem. He and his ilk have created a litigious society in which, e.g., Spike Lee can sue TNN for daring to use "Spike TV" as its new moniker, and the designer Oleg Cassini can send a "cease and desist" letter to JPL for naming a spacecraft "Cassini" in violation of his "trademark". Invincible ignorance (in this case, of the astronomer Giovanni Domenico Cassini [1625-1712]) is no impediment to lawsuits. I suppose that Oleg may actually be related to the other Cassini. It is possible that Al Franken is not a leftist shill--in some alternate universe. But the message to Balkin is simple: you made this bed, now lie in it. The Democrats are shopping around for legal talent to help them trademark the terms "ignorant", "Anti-American", and "socialist". Perhaps Belkin has some time for pro-bono work to help them. Franken can help with the advertising.

--Boris

P.S. Here is "professor" Balkin's email, should freepers wish to share an opinion with him:
Jack.balkin@yale.edu

[conservativemusician]

Did you send that?

If you did, great work!

[tiamat]

Well, regardless of how it turns out, I really don't think that many people are going to "confuse" Al Franken with Fox.....

Tia

[boris]

"Did you send that?"

Of course.

However, the LAT only publishes me ~2x per year; I had a short letter earlier this month saying I planned to vote for Larry Flynt because he is precisely the sort of 'governor' that CA and its electorate deserve.

So I doubt (for many reasons) they'll print this one.

--Boris

[smiley]

Al Franken is a Big Fat Idiot.

[Tank-FL]

"Fox will richly deserve the bad press it's going to get for filing this lawsuit, first, for being on the wrong side of a free speech controversy and, second, for attempting to squelch criticism of its coverage of the news. It is egregious for a news organization to try to use the courts to harass its political critics."

< sarcasm>The LA Times.. I can't beleive they would take such a stance ..< /sarcasm>

[IronJack]

This is rich, coming as it does from the LA Times, one of the newspapers that sued Free Republic for posting its articles.

The hypocrisy of the Left is a wonder to behold.

[conservativemusician]

"...Larry Flynt because he is precisely the sort of 'governor' that CA and its electorate deserve."

That's too damn funny. True, but funny nonetheless.

[Atlas Sneezed]

"Trademark, like copyright, has now become a general-purpose device for private parties to use when they want the state to suppress speech they do not like."

While Fox has no case under trademark law, my response to this bed-wetter is that Franken is free to express all the ideas he wants without using the trademark of another company on the packaging of goods he is trying to sell.

[an amused spectator]

"Trademark, like copyright, has now become a general-purpose device for private parties to use when they want the state to suppress speech they do not like."

You can't make this stuff up.

[babygene]

I wonder if there are a minimum number of words in a sequence that can be copyrighted or for that mater, notes in a tune.

Of course, you can register a copyright to anything by just submitting it and paying the (I think) $35 fee.

My son and I were talking about this the other night in regard to the recording industry. We were joking around about copyrighting a note or two and then claim a violation if the music industry used them.

[nutmeg]

FoxFan ping!

Please FReepmail me if you want on or off my FoxFan list. *Warning: This can be a high-volume ping list at times.

[Alamo-Girl]

Thanks for the heads up!

[Billthedrill]

Al Franken is a Big Fat Idiot.

I don't think you can say that any more. Al owns the "big fat" thing - I mean, admit it - when you hear the words "big fat idiot" or "big fat moron" or "big fat ignoramus" or "big fat stupid slob" who do you think of?

Well?

I rest my case.

My bill's in the mail...

[foreverfree]

"You're watching the Weather Channel. Sue, er, live by it."

foreverfree

[boris]

"My son and I were talking about this the other night in regard to the recording industry. We were joking around about copyrighting a note or two and then claim a violation if the music industry used them."

You should have copyrighted "is" and sued Clinton.

--Boris

[optimistically_conservative]

[optimistically_conservative]

Book & Author Luncheon
Watch 1 hr. 29 mins.
Al Franken, "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right"
Molly Ivins, "Bushwhacked"
Bill O'Reilly, "Who's Looking Out for You?"
Pat Schroeder, Assn. of American Publishers, President & CEO - Moderator

[Timesink]

My son and I were talking about this the other night in regard to the recording industry. We were joking around about copyrighting a note or two and then claim a violation if the music industry used them.

Why not? NBC got away with trademarking only three notes.