Fair and Balanced?

[TheGeepster]

http://www.washingtonpost.com/ac2/wp-dyn/A51420-2003Aug12?language=printer
http://www.nytimes.com/2003/08/12/nyregion/12FRAN.html?ex=1061265600&en=6bd4512b3125599c&ei=5062&partner=GOOGLE

It seems there a rather interesting suit of trademark violation.

Is this a valid lawsuit by FoxNews, or is Al Franken entitled to use the phrase in question as part of his book title?

Is it possible Al Franken might be deliberate mimicking FoxNews with look of his book?

And did Al Franken trademark funny?

[Jemsee]

"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."
-----------------------------------------------

Spoken like a true humorist.

[Blonde799]

Fair and Balanced my ass.:p

I saw this article on the Daily Show last night. Jon had to find a similar phrase, that he had to trademark. "Shigrinned and bewildered" I think.

[TheGeepster]

The lawsuit does seem to be on a relatively unimportant matter (as much as I have a distaste for Al Franken).

But on the flipside, I think Mr. Franken is trying to mimic FoxNews.

His mimicry, however may fall within the bounds of fair (and balanced? Nah...) use, if you consider that it may be satirical in nature.

[carrot red]

Both are relatively right, both are relatively wrong.

It should have never gone so far and should have been settled outside of the courtroom, if anything.

I'm gonna go register a few words and expressions that are already my trademark. I'll make a lot of money if this goes through and sets a precedent.

[Sephiroth]

You can trust that Fox News will win.
Hey, if people have sued McDonald's for making them fat, then this could work too.
There is a certain radical group here in America (Don't ask me what it's called) that believes that the only thing that the government hasn't corrupted is our legal system.
Well, they can take that off their list.

[Blonde799]

Yeah, big corporations really have to protect themselves from individuals.:rolleyes:

[TheGeepster]

The legal system is a part of our government. And it's been at least partially corrupt for some time. It would have to be to allow for the rampart lawsuit abuse and general litigiousness of our society.

[Cloral]

I think this matter should fall under the 'you've got mail' clause - that is, the phrase is common language, and as such cannot be trademarked (for those of you who don't know, a while back AOL tried to trademark 'youve got mail' and was denied because it was too common of a phrase).

BTW, if you were to ask me to name the news network I considered the least fair and balanced, I would have to say Fox News Network. The fact that they use that title for themselves has to be the biggest joke I've heard in a long time.

[TheGeepster]

More on this as it comes..
http://www.drudgereport.com/bof.htm

Perhaps there is something behind the theory that the purpose behind this suit involves a smear of O'Reilly by Mr. Franken, who amongst other things evoked hostilities at a dinner hosted by President Bush.

Of course, that doesn't make the suit right, however. I find it difficult to believe "fair and balanced" is trademarkable.

My understanding is that FoxNews does a good job of showing both sides of the issues. They have both conservatives and liberals in their payrolls. For their "Sean Hannity"s they also have "Alan Colmes"s. And for some odd reason, they are the only cable news source which didn't lose ground.