Fox Sues Humor Writer (Frankin) for Using 'Signature' Slogan

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.

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http://reuters.com/newsArticle.jhtml?type=entertainmentNews&storyID=3261200

To Fox, 'Fair and Balanced' Doesn't Describe Al Franken

In the dry corner of business law called trademark litigation, Fox v. Franken is an unusually lively document. Along with mundane accusations of unfair competition, the lawsuit includes some especially derisive remarks about the defendant, Al Franken, the political satirist.

The court papers were filed in State Supreme Court in Manhattan and became public yesterday. 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"?

Lawyers for Fox News Network, part of Rupert Murdoch's media empire, News Corporation, contend that Mr. Franken should not be allowed to use those words in the title of his new book due in stores next month, "Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right" (Penguin).

They argue that Fox has trademarked "Fair and Balanced" to describe its news coverage and that Mr. Franken's use of the phrase would "blur and tarnish" it.

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http://www.nytimes.com/2003/08/12/nyregion/12FRAN.html?ex=1061265600&en=6bd4512b3125599c&ei=5062&partner=GOOGLE

Post it over here

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=61689

eom

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=61689


I am locking this one.


NYer99
DU Moderator