Fox Sues Al Franken!

Posted:
in General Discussion edited January 2014
Weird.



Fox objects to Franken's use of the words "Fair and Balanced" in the title of his book, "Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right". Fox is suing for copyright or trademark infringement. The New York Times, in To Fox, 'Fair and Balanced' Doesn't Describe Franken, puts the lawsuit in, IMO, its deserved context:

Quote:

In the lawsuit, a judge is being asked to decide an important question: who has the right to use the word "fair" and the word "balanced" together, connected by the word "and"?



Apparently, trademark litigation lawsuits are usually "mundane," but legalese wasn't fair and balanced enough for Fox. So, of course, they personally attacked Franken in the suit! He's "not a well-respected voice in American politics, his views appear shrill or unstable, and he lacks any serious depth or insight."



Well, Newsweek called his book "wickedly funny." The New York Times called it "funny, angry, and intelligent." I'm not sure what to think here. Usually Fox News tells me what to think and tells me what's "fair and balanced."



I'll have to go with Fox on this one. Al Franken, your definition of 'fair and balanced' does not match mine; therefore I, as a large corporation, am suing you, an individual, for satirizing the company's deathly serious (and truthful!) slogan.



So what is this?

Trademark infringement?

Free Speech?

A large corporation suing an openly critical individual because they can?



Fox wants an injunction against the book.
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Comments

  • Reply 1 of 281
    thuh freakthuh freak Posts: 2,664member
    i suspect the suit will be thrown out. satire is (or should be) protected.
  • Reply 2 of 281
    satire provides a pretty large cover here, (protecting franken) but i smell a rat, this is giving al a lot of free press, and is going to sell many books. plus it's getting fox's news division and it's motto a ton of play. it's a win win for both unless fox is totally serious, then they're just wasting money.
  • Reply 3 of 281
    tmptmp Posts: 601member
    Does this mean Franken can lead a class action suit against Fox using truth in advertising laws?
  • Reply 4 of 281
    bungebunge Posts: 7,329member
    I told you so. This proves that the media is liberal because they're suing someone! Only liberals sue and are the media.



    The above paragraph is protected as satire.
  • Reply 5 of 281
    moogsmoogs Posts: 4,296member
    Fox suing someone over the use of the words "fair and balanced".



    How ironic. Media assholes.



  • Reply 6 of 281
    What a bunch of wankers, it's bad enough having News Corp. papers over here, thankfully we don't have Fox news.
  • Reply 7 of 281
    Quote:

    Originally posted by Alex London

    What a bunch of wankers, it's bad enough having News Corp. papers over here, thankfully we don't have Fox news.



    What is the Sky news reportage like? I know BSkyB is 40% owned by News Corp, but I've heard stories about Murdoch complaining that Sky news is too liberal.
  • Reply 8 of 281
    haraldharald Posts: 2,152member
    Quote:

    Originally posted by kneelbeforezod

    What is the Sky news reportage like? I know BSkyB is 40% owned by News Corp, but I've heard stories about Murdoch complaining that Sky news is too liberal.



    Currently pretty fair and balanced (cough).



    Not a bad network, although BBC News kicks it up and down.



    NOW: the Murdoch newspapers, they really are foul. They are staggeringly anti-Europe for no good reason ... an ex-Ozzie US citizen telling Brits how bad Europe is ...
  • Reply 9 of 281
    thoth2thoth2 Posts: 277member
    I suspect there's a 0% chance that this gets past

    a motion to dismiss.

    Rupert Murdoch is a dangerous man.



    Thoth
  • Reply 10 of 281
    objra10objra10 Posts: 679member
    Quote:

    I suspect there's a 0% chance that this gets past

    a motion to dismiss.



    And what experience do you have that causes you to believe this? It's very likely that Fox will win. It is this very reason that the United States has intellectual property laws protecting trademarks of individuals or corporations.



    Whether you like Fox or not, that's no excuse for attempting profit off of their brand.



    It's exactly like the guy who attempted to name his store, "Victor's Secret." He was compelled to change the name because it infringed on the trademark rights of Victoria's Secret.



    Does anyone here really think that Franken would have used that in his title if it wasn't the slogan of the network news company he crusades against?
  • Reply 11 of 281
    Quote:

    Originally posted by OBJRA10

    And what experience do you have that causes you to believe this? It's very likely that Fox will win. It is this very reason that the United States has intellectual property laws protecting trademarks of individuals or corporations.



    Whether you like Fox or not, that's no excuse for attempting profit off of their brand.



    It's exactly like the guy who attempted to name his store, "Victor's Secret." He was compelled to change the name because it infringed on the trademark rights of Victoria's Secret.



    Does anyone here really think that Franken would have used that in his title if it wasn't the slogan of the network news company he crusades against?




    Wrong. He changed the name after being threatened with the lawsuit. After it worked its way through the courts he won at the Supreme Court level.



    http://www.realcities.com/mld/krwash...on/5314281.htm
  • Reply 12 of 281
    Yes but it's not called Fair and Balanced is it, the "brand" is Fox and I don't see how they can not be seen this as fair comment if they set themselves up as ' fair and balanced' . When it's obvious that they're not.

    This reminds me of McDonalds trying to sue people with Mc-whatever, as if they invented or owned the Mac prefix. This gives evil corporations a bad name.
  • Reply 13 of 281
    brbr Posts: 8,395member
    Quote:

    Originally posted by OBJRA10

    And what experience do you have that causes you to believe this? It's very likely that Fox will win. It is this very reason that the United States has intellectual property laws protecting trademarks of individuals or corporations.



    Whether you like Fox or not, that's no excuse for attempting profit off of their brand.



    It's exactly like the guy who attempted to name his store, "Victor's Secret." He was compelled to change the name because it infringed on the trademark rights of Victoria's Secret.



    Does anyone here really think that Franken would have used that in his title if it wasn't the slogan of the network news company he crusades against?




    You seem to forget that the higher courts ruled that he could keep the original name.



    Quote:



    "The court in that case was saying, even though they may have a famous mark, Victoria's Secret, and may have a particular association as soon as you hear it, Victor's Secret was not enough--the confusion or potential damage to their mark--to constitute infringement," Wood said.



    http://www.crn.com/sections/Breaking...rticleID=43616



    Yes, let's try using the truth in your arguments from now on. I know it's difficult when you are trying to put drug addicts in prison but please at least make an attempt.
  • Reply 14 of 281
    chu_bakkachu_bakka Posts: 1,793member
    Any media looks liberal when compared to Fox or any of NewsCorps tabloids.



    Scarborough is a tool.
  • Reply 15 of 281
    objra10objra10 Posts: 679member
    Quote:

    You seem to forget that the higher courts ruled that he could keep the original name.



    Actually, no, the court ruled the case remanded for further proceedings based on the decision that the new name



    "Victor's Little Secret"



    didn't dilute the value of Victoria's Secret. He could keep that name, for now... but not the original





    Quote:

    I know it's difficult when you are trying to put drug addicts in prison but please at least make an attempt.



    what does that mean? First of all, I don't do drug cases. Secondly - so what. Using drugs happens to still be illegal in this country.
  • Reply 16 of 281
    Quote:

    Originally posted by OBJRA10 Whether you like Fox or not, that's no excuse for attempting profit off of their brand.[/B]



    Ever hear of statutory fair use?



    As per § 33(b)(4) of the Lanham Act:
    Quote:

    defense to a claim of trademark infringement exists where the use of the name, term, or device charged to be an infringement is a use, otherwise than as a mark...of a term or device which is descriptive of and used fairly and in good faith only to describe the goods or services of such party, or their geographic origin.



    I would have thought you'd have learned about this kind of stuff in law school (they do require 'federal prosecutors' to go to law school, don't they?).
  • Reply 17 of 281
    buonrottobuonrotto Posts: 6,368member
    Frivolous lawsuit.
  • Reply 18 of 281
    objra10objra10 Posts: 679member
    Kneel,



    If you knew what you were talking about, it would be worth talking to you. You don't, and it isn't.
  • Reply 19 of 281
    sdw2001sdw2001 Posts: 18,016member
    Fox News Channel owns a trademark on "Fair and Balanced"...circa 1995.



    I have a friend studying intellectual property law and such...I'll have to ask him what he thinks. My understadning of it is that Franken can;t use that phrase for promotion of a commodity....in this case, a book.



    The suit is valid, but I did find the commentary in the suit a bit odd. Don't get me wrong, I think Franken is borderline insane, but to say so in a legal document? I don't know. It might actually hurt the case because if the defense can prove that no reasonable person would take him seriously, it may may get thrown out.



    BTW, Franken has had his share of wack job moments. Apparently, he flipped out in public at a table of Fox journalists...using the F Bomb several times and what not. It was so bad they thought it was a gag....but it wasn't.
  • Reply 20 of 281
    Must remember never to be fair and balanced ever again.
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