I think they're serious!Fox Sues
I think they're serious!
The Associated Press
NEW YORK (AP) - Fox News Channel has sued liberal humorist Al Franken and the Penguin Group to stop them from using the phrase "fair and balanced" in the title of his upcoming book.
Filed Monday in Manhattan, the trademark infringement lawsuit seeks a court order forcing Penguin to rename the book, "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right." It also asks for unspecified damages.
Fox News registered "Fair & Balanced" as a trademark in 1995, the suit says.
Franken's "intent is clear - to exploit Fox News' trademark, confuse the public as to the origins of the book and, accordingly, boost sales of the book," the suit said.
Fox's trademark is "Fair & Balanced" with an ampersand. Franken is using "fair and balanced" in a sentance. There is no chance anyone will be confused as to the origin of the book. And seriously, if including a trademark in the title of a book is actionable, Enron would be able to sue for enough money to stay in business.
I looked up "fair" and (not "&", mind you…don't want to get sued&hellip) "balanced" using Encarta 2002, and got the following list of adjectives:
fair adj
1. reasonable or unbiased: not exhibiting any bias, and therefore reasonable or impartial
2. done properly: according to the rules
3. meteorology not stormy or cloudy: sunny or clear, and without much wind
4. sailing good for sailing: favorable for sailing or travel by ship a fair wind
5. pleasing to look at: beautiful or pleasing to the eye
6. not blocked: clear and unobstructed
7. light-colored: light-colored, or with light-colored hair or skin
8. sizeable: reasonably large in size or quantity
9. baseball in fair territory: constituting a fair ball according to the rules of baseball
10. acceptable: no more than acceptable or average
11. better than acceptable: quite good, or very reasonable
12. unsullied: not marred by any blemish or stain
13. false despite appearances: seemingly good or true, but actually false or insincere
Microsoft® Encarta® Reference Library 2002. © 1993-2001 Microsoft Corporation. All rights reserved.
balanced adj
1. even-handed: taking account of all sides on their merits without prejudice or favoritism
2. healthy: containing different elements in suitable quantities or suitably arranged to produce a satisfying and effective whole
3. mentally stable: in a state of mental and emotional stability and able to make rational judgments
Microsoft® Encarta® Reference Library 2002. © 1993-2001 Microsoft Corporation. All rights reserved.
It is significant that, by definition 13 of "fair" and definition 2 of "balanced", their trademark is a true statement.
LATER: Eugene Volokh (who I was never annoyed at, it was that one post by Tyler Cowen that dissapointed me) says:
Well, that about wraps it up as far as I'm concerned. Except for the free publicity, of course.
And what ever happened to Savage Weiner's case?
