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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:47 PM
Original message
Fox Sues Humorist Al Franken Over 'fair and Balanced' Slogan
http://ap.tbo.com/ap/breaking/MGA59PHZ8JD.html

Fox Sues Humorist Al Franken Over 'fair and Balanced' Slogan
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. <snip>
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donotpassgo Donating Member (867 posts) Send PM | Profile | Ignore Mon Aug-11-03 05:50 PM
Response to Original message
1. FRIVOLOUS LAW SUIT
OK...unless you've been living under a rock, you know that AL FRANKEN of all people is a liberal and won't confuse by his intentions, especially when they put 'From the Author of Rush Limbaugh is a Big Fat Idiot" on the cover.
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kainah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 09:54 PM
Response to Reply #1
56. Welcome to DU, donotpassgo!
And how right you are! Have you noticed how often they are rushing into court when it suits their purposes for all sorts of frivolous reasons. I will forever fume that * rushed to court in 2000 to stop the vote count & the press never said a word about their hypocrisy.
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Zero Gravitas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:25 PM
Response to Reply #1
108. Tort Reform! Tort Reform!
I thought the cheap-labor conservatives were against trivil crap like this. Bad for Buisness don'tcha know.

Of course, I forgot, one rule for them, and another rule for those that disagree with them.
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FredScuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 01:03 PM
Response to Reply #1
155. Well said...
If some nimrod goes into a bookstore and picks up a book simply because it has "Fair And Balanced" in small type and an insert photo of O'Really (among other GOP talking heads), while ignoring the full photo of Al Franken and the larger title "LIES AND THE LYING LIARS THAT TELL THEM"....well, I guess that's the typical Faux News viewer. Dumber than a rockpile and proud to be ignorant.
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arcane1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:50 PM
Response to Original message
2. lol, notice what they DON'T sure for:
The "lies and the lying liars" part :evilgrin:
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NJCher Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:50 PM
Response to Original message
3. oh man
Al will get a lot of mileage out of this!


Cher
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joeunderdog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:19 PM
Response to Reply #3
20. Dear Faux, Thanks for the free publicity... Yours, Al n/t
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Fair and Balanced Donating Member (28 posts) Send PM | Profile | Ignore Wed Aug-13-03 10:49 AM
Response to Reply #20
151. Right on, Joe
Faux did Al a favor, and looks foolish in the process.
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0007 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 06:31 AM
Response to Reply #3
81. You got it toyota
Brit Hume must be steaming like rocks in a sauna. Of course he isn't too bright.
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patdem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:51 PM
Response to Original message
4. This begs for freedom of speach over corporate jingoism
there may come a day when we are refused to ask 'why' because some corporate ninny has decided they own the word? This is beyond belief!!! :eyes:
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damnyankee2601 Donating Member (293 posts) Send PM | Profile | Ignore Tue Aug-12-03 12:09 PM
Response to Reply #4
103. Nothing to worry about.
Any decent lawyer will shove it right up their asses. I just hope Franken doesn't go for the summary judgment. He should drag it out and make it as expensive as possible for Faux, then sue them for the cost of defense.

I'm frankly surprised that Faux is stupid enough to think they can get any value out of this. They must be brainwashed by their own dreck.
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:17 PM
Response to Reply #103
104. I'm pretty sure Fox will win this one.
A few years back a liberal radio talk show was starting up and they wanted the time slot right after Rush. They were going to call their show "After the Rush" a play on words for after the Rush Hour traffic and also Rush Limbaugh. Rush sued and won. Go figure.
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damnyankee2601 Donating Member (293 posts) Send PM | Profile | Ignore Tue Aug-12-03 12:23 PM
Response to Reply #104
106. They can't win this one.
I'm not familiar with the Limbaugh case, so I can't comment on the legal implication, but this case falls clearly under the fair use doctrine for parody and satire.
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Richardo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:52 PM
Response to Original message
5. BWAHAHAHAHAHA!
...confuse the public as to the origins of the book and, accordingly, boost sales of the book

Only Fox viewers would be confused: It says "Fair and Balanced" yet it tears O'Reilly a new one. How can that be?"

I think Franken should countersue on the grounds that obviously Fox has not operated under that slogan and is guilty of false advertising with the express inent to "confuse the public as to the methods and content of the network and, accordingly, boost ratings for the network."
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:33 PM
Response to Reply #5
133. I agree
Shouldn't be too hard to prove their false advertising.

FOX should be forced to have a disclaimer crawling below every 5 minutes.
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zekeson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:53 PM
Response to Original message
6. Now this is just dumb
I hope they spell his name right because this is the kind of pub htat Franken couldn't buy. Plus, it serves to remind folks that the pablum that Faux dishes out ISN'T fair and balanced.

Nice job, is it my imagination or is the far right collapsing under its own hubris (* and his flight suit, Texas and redistricting, Cali and Ahrnold....)?
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PROGRESSIVE1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:54 PM
Response to Original message
7. I Guess Freedom of Speech is a one way street for REICH WINGERS...
:eyes:
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romantico Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:55 PM
Response to Reply #7
8. Fox will be mocked even more!
Not to mention they probably just helped Franken sell an extra couple million extra copies!
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notadmblnd Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 05:57 PM
Response to Original message
9. I think they should just change it to something like
an "EQUITABLE AND CONGRUOUS" look. A much more sarcastic stab at faux news imo
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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:01 PM
Response to Original message
10. Jokers and Humor consumers UNITE, join forces to out wit the FOX
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MoonAndSun Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:36 PM
Response to Reply #10
25. Thanks, nolabels, that picture is great,
Made my day. That is the only kind of FOX I could love!!

:toast:
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blm Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:01 PM
Response to Original message
11. Do they want to sue Lady Justice, too.
Not that US Justice is "fair and balanced" anymore under Ashcroft.
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:03 PM
Response to Original message
12. All rise, the Honorable Judge gratuitous presiding
Have a seat, everyone. Well, I've reviewed the parties' pleadings, briefs and memoranda in this case, and heard the oral arguments of counsel. By the way, the stenographer had trouble transcribing the inarticulate grunts of the attorneys for Fox News Channel, so she just put in "Defendant bad" wherever it got too obscure. She also wasn't quite sure of the spelling of "Thhhbbbbbpppppttt," the raspberry that defense counsel blew during its oral argument. As you can see, the court had no such difficulty. Back to the matters at hand:

Clearly, the notion of "fair and balanced" as it pertains to the news has been given a special definition unique to the Fox News Corporation, and I believe that even counsel for the defendant conceded that no other organization in the history of news gathering and reporting has been fair and balanced the way Fox has been fair and balanced during the past eight years.

Defendant has, and plaintiff has conceded, for many years been publicly known as a wise ass, and no one with an IQ higher than 70 would be confused by any connection, real or implied, by the proposed title of defendant's book. The court believes this is prima facie evidence that the defendant's title is meant to confuse regular viewers of plaintiff's programming.

As such, I find that the plaintiff's suit is well taken, though the timing is not. Therefore, it is my judgment that the title of defendant's book shall be changed from "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right" to "Lies and the Lying Liars Who Tell Them: A Balanced and Fair Look at the Right," and that because of the late filing of plaintiff's complaint in protecting its signature brand of "fair and balanced" news, plaintiff should bear the costs of reprinting.

Finally, it is the order of this court that should anything but the highest praise for this ruling appear either in future books, if any, by defendant or any public dissemination by plaintiff through any of its outlets, directly or indirectly, the offending party should consider its ass to be grass and this court a lawnmower.

{Bangs gavel.} We're adjourned.
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knight_of_the_star Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:10 PM
Response to Reply #12
16. Sweet!
ROFLMFAO!

That is great!

:toast:

:beer:
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soup Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:00 PM
Response to Reply #12
30. Mow! mow!
That was priceless!
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robbedvoter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 02:33 PM
Response to Reply #12
116. Ha!ha! Send this to Franken - he'd appreciate it!
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:39 PM
Response to Reply #12
134. I like it.... too bad....
It won't work out that way.

Considering the intelligence of FAUX they would consider that ruling to be a win for them.

If only more people could be sued by FAUX for similar actions and lose everytime. Then FAUX could either be removed from the airwaves or bought out by a better company. Either a slim chance.
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roughsatori Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:07 PM
Response to Original message
13. I thought they were for Tort reform to stop frivolous lawsuits? NT
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scarletwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:08 PM
Response to Original message
14. Isn't there a provision in the law for "satirical purposes"?
Edited on Mon Aug-11-03 06:28 PM by scarletwoman
I may be totally confused, but I thought that there was some sort of legal protection for satire and parody -- which Franken's title certainly is!

sw

on edit -- did a quick search and found this:
http://www.publaw.com/work.html
Section 107 of the Copyright Act, entitled, "Limitations on Exclusive Rights: Fair Use," is the statutory codification of the fair use doctrine. This judicially developed concept strives to balance the public's need to know and be informed against authors' incentives to create. The copyright law contemplates that fair use of a copyrighted work without permission shall be for purposes such as (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching, and that such fair use will not result in the infringement of a copyrighted work.

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arcane1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:58 PM
Response to Reply #14
29. HA-ha!
FOX will lose and look like (bigger) idiots!
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gristy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:02 PM
Response to Reply #14
31. So apparently, FOX is so stupid they couldn't even find this?
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rooboy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:16 PM
Response to Reply #31
46. It would seem that Fox's REAL lawyers...
are about as good as their REAL journalism.
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MrMonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:21 PM
Response to Reply #31
47. FOX lawyers
apparently know the difference between copyright law, which does not apply to this case, and trademark law, which does.
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Pallas180 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:18 AM
Response to Reply #14
67. EXCELLENT FIND !!!!! Scarlet, e mail it to Franken. Also Franken
and Molly Ivins had a big to do with O'Reilly on a tv
panel and called him a verbal bully, at which point he
got up and walked off the set......methinks this lawsuit
may be Mr. Fair and Balanced O'Reilly's vindictive assault...
ha ha by lawsuit which he and his neo-con buddies decry.
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greyl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 03:38 AM
Response to Reply #67
73. "at which point he got up and walked off the set"
When did this happen?
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Lone_Wolf_Moderate Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 06:48 PM
Response to Reply #73
123. At the LA Festival of Books
a few months back..
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greyl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 09:50 PM
Response to Reply #123
131. No, it didn't happen there.
Edited on Tue Aug-12-03 09:53 PM by greyl
The big fiery debate of course happened,(with Tucker Carlson absent) I thought we've all seen it on c-span or heard an mp3 of it by now, but O'Reilly never walked off of the set there.
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ianbruce Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 02:51 AM
Response to Reply #14
70. FOX announced it'd trademarked the phrase "Fair Use" in 1997...
So there! PBLLAATTZZZ!!!
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 04:52 AM
Response to Reply #14
77. Copyright and trademark are 2 different things
IANAL but copyright and trademark are 2 different things, they are suing to protect their trademark, not for copyright infringement.
Still ridiculous tho.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 11:55 AM
Response to Reply #14
100. E-mail that to Faux neuz.
they may need a Liberal to read it for them.
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mumon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:09 PM
Response to Original message
15. Hopefully Franken will countersue!
*Trade Libel

*Slander

*Defamation

*Restraint of trade

*False Advertising...

Just off the top of my head
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DinahMoeHum Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:39 PM
Response to Reply #15
37. Yeah, for ten times as much $$$. LOL!!
That's how you kill a frivolous lawsuit.

:evilgrin:
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Bake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:55 PM
Response to Reply #15
41. Don't forget abuse of process
He could get punitives for that. Plus Rule 11 sanctions including his own attorney fees.

Bake
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:15 PM
Response to Original message
17. just call it "Balanced and fair" and be done with it
fucking trial lawyer happy liberals republicans!
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:17 PM
Response to Reply #17
19. Please see my unassailable ruling above
This issue has been incomparably decided, but the court relishes independent confirmation.
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disgruntella Donating Member (983 posts) Send PM | Profile | Ignore Mon Aug-11-03 06:16 PM
Response to Original message
18. amusing
Seems IF a case could be made that "Fair And Balanced" is merely a brand name rather than a descriptive phrase, Fox News would look even dumber than they already do.

I just hope this makes sales of the book skyrocket for Al. I already want to buy about 17 copies for myself. :loveya:
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:21 PM
Response to Reply #18
21. excellent point
...a mere brand name.
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MrMonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:26 PM
Response to Reply #18
49. Other way around
If the phrase "fair and balanced" was merely descriptive, it's use would be weakly protected, if at all. A clearly fanciful usage of "fair and balanced" would be accorded strong protection. FOX might have the strongest protection of all for the use of "fair and balanced" with respect to its news programming.
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judgegina Donating Member (175 posts) Send PM | Profile | Ignore Mon Aug-11-03 06:28 PM
Response to Original message
22. This just sells more books for Al.
Thank you, Bill O'Reilly.
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Sushi_lover Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:33 PM
Response to Original message
23. wow. a reversal compared to when Fox sued for the right to lie
Fox is suing for exclusive right to be "fair and balanced"?

It was only a few years ago that FoxNews lawyers were arguing for the right to lie.
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stanwyck Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:33 PM
Response to Original message
24. Al must be just loving this
Are the FAUX suits so stupid that they don't realize they're making themselves look like complete idiots while giving Al Franken the opportunity to rebut on television, radio, the print media? How in the world can "fair and balanced" be trademark infringement? Put me down for a couple dozen copies. Christmas 2003 is solved.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:47 PM
Response to Original message
26. It's Fox who should be sued by the FTC for false advertising
I'm absolutely not joking- this kind of statement goes beyond puffing- it's a deceptive advertising practice, falling squarely within their jurisdiction. The FTC goes after infomertials all the time over stuff just like this.
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RedSock Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:53 PM
Response to Reply #26
27. ha ha
"They thought we were going to file a lawsuit."

Morans.
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Mel Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 06:55 PM
Response to Original message
28. I look forward
too just how HARD Al kicks their bums. He's my kind of liberal the kind
'that isn't going to take it anymore'



I was going to just check the book out at the library Now I'm going to buy it!!

can't wait to read it!

clearing throat asking about that uhhh what's that :think: "tort reform" yea bet those reich-wingers want em' some "tort reform" about right now......Not! :eyes:
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arwalden Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:03 PM
Response to Original message
32. If Al Franken Were A Cable News Company And Tried To Use...
Edited on Mon Aug-11-03 07:04 PM by arwalden
...the phrase "fair and balanced", then Faux might have a chance.

But as it stands, they are just blowing hot air. They don't have a prayer! It's harassment only.

-- Allen
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:32 PM
Response to Reply #32
36. I doubt even then...
Edited on Mon Aug-11-03 07:51 PM by depakote_kid
I don't think "fair and balanced" for a "news" service can survive a challange to its trademark status. Al Franken's lawyers can (and God I hope they do) argue that "fair and balanced" is "merely descriptive" and not a mark at all, since it doesn't serve to identify the source of the goods or services.

That puts Fox in the position of arguing that "fair and balanced" IS NOT descriptive of its "news" network- but has some "secondary meaning," otherwise their registration may get cancelled and they lose their mark (not that it's really worth anything) -but you gotta love the irony.

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spotbird Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:24 AM
Response to Reply #36
95. Love it.
"That puts Fox in the position of arguing that "fair and balanced" IS NOT descriptive of its "news" network- but has some "secondary meaning," otherwise their registration may get cancelled and they lose their mark (not that it's really worth anything) -but you gotta love the irony."

I do love the irony, and it will be the most simple point of fact to prove, that they are neither fair nor balanced so there must be a secondary meaning.
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Ladyhawk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:06 PM
Response to Original message
33. Fox News is also suing agitproperties.com
for the same stupid reason.

That agitproperties.com is worth a few chuckles. I love their T-shirts. :)
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gristy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:07 PM
Response to Original message
34. searching google news
this is only on three outlets so far, and the OLDEST is this one, just 2 hours old:

http://www.newsday.com/news/local/wire/ny-bc-ny--foxnew...

How many news outlets will have this by tomorrow morning? Who knows how to make a poll? I bet 120.

Posters to this thread have it right. You can't BUY this kind of advertising. Is this a BIG break (for Franken AND the dems)? I sure hope so....
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DrBB Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:20 PM
Response to Original message
35. I believe SATIRE is protected
...This is an obvious satire on Faux's slogan, not an infringement of it. The intent is very specifically NOT to "confuse the public as to the origins of the book" but rather to mock the book's satirical target. This is like accusing SNL of copyright infringement for doing take-offs on, heck, any number of manistream programs. As long as you've got the money to pay the lawyers, this sort of thing won't hold up.
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wellst0nev0ter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 09:47 PM
Response to Reply #35
54. Tried The Same Old Thing With 2 Live Crew
SUPREME COURT OF THE UNITED STATES

Syllabus

CAMPBELL, aka SKYYWALKER, et al. v. ACUFF ROSE MUSIC, INC.
certiorari to the united states court of appeals for the sixth circuit
No. 92-1292. Argued November 9, 1993 -- Decided March 7, 1994


Respondent Acuff Rose Music, Inc., filed suit against petitioners, the members of the rap music group 2 Live Crew and their record company, claiming that 2 Live Crew's song, "Pretty Woman," infringed Acuff Rose's copyright in Roy Orbison's rock ballad, "Oh Pretty Woman." The District Court granted summary judgment for 2 Live Crew, holding that its song was a parody that made fair use of the original song. See Copyright Act of 1976, 17 U.S.C. 107. The Court of Appeals reversed and remanded, holding that the commercial nature of the parody rendered it presumptively unfair under the first of four factors relevant under 107; that, by taking the "heart" of the original and making it the "heart" of a new work, 2 Live Crew had, qualitatively, taken too much under the third 107 factor; and that market harm for purposes of the fourth 107 factor had been established by a presumption attaching to commercial uses.

Held: 2 Live Crew's commercial parody may be a fair use within the meaning of 107. Pp. 4-25.

MORE. . .
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Mixxster Donating Member (653 posts) Send PM | Profile | Ignore Mon Aug-11-03 07:44 PM
Response to Original message
38. Can someone explain to me why common expressions can be trademarked?
Edited on Mon Aug-11-03 07:48 PM by Mixxster
Fox News registered "Fair & Balanced" as a trademark in 1995...

I simply do not understand why anyone can trademark a common expression. The first time I heard of something like this it was McDonald's suing someone for using "Nothing but net". Why were they even allowed to trademark that line? That was a common b-ball expression long before they hired Larry Bird and Magic Johnson to hawk burgers. I felt the same way when there was debate about "Let's roll". We said that over 30 years ago in high school!

Maybe I should trademark "Merry Christmas", "Happy Birthday", "innocent until proven guilty", "baby boomer", maybe even "bling, bling".
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JackSwift Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:45 PM
Response to Original message
39. What idiots!
Open themselves up to losing a generic trademark, false advertising, fair comment, etc. And they picked Manhattan? Sounds like they want to lose.
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maxsolomon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 07:54 PM
Response to Reply #39
40. they're counting on lawyer power to intimidate
typical corporate tactics. they figure they can raise the cost so high their victim will back down.

like when mc hammer sued the seattle band hammerbox out of their name. you see, he OWNED the word 'hammer'!

al can probably afford to fight but it will cost a LOT of money.
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Melsky Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:03 PM
Response to Reply #40
43. Yeah, look at what happened to MC Hammer
arrogance comes before a fall.
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JackSwift Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 02:51 AM
Response to Reply #39
71. I think that we can help Al with the costs
if he doesn't have other friends that want to see Murdoch buried. What if he gets 'em on an affirmative defense of false advertising? How can they make sure they won't pull a judge without a sense of humor who just hammers them for screwing up his court room (or hers). Or, they get a judge with a sense of humor, and Franken just slays in the courtroom.
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Sheet22 Donating Member (61 posts) Send PM | Profile | Ignore Mon Aug-11-03 07:58 PM
Response to Original message
42. Let's Roll!!!
Oops-I wait a sec, can I still say that???? :eyes:
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:53 PM
Response to Reply #42
136. In bush's case
We can tell him "Let's roll it up your ass"
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wtmusic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:10 PM
Response to Original message
44. Email Fox Now!
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:14 PM
Response to Original message
45. They WHAT???!!!
Registered "Fair and Balanced" as a trademark???!!!

What the hell is going on with those people down there that they'd allow that as a trademark? It flies completely in the face of what patents and trademarks are all about. But, what the hell when the patent office is granting patents on genes and plants found in the rain forest.

So, I could trademark "Bite Me" or "Fuck You" and make a fortune.

(Or a platoon of lawyers would.)

Anyway, I did a search at the Patent & Trademark office, and they have indeed trademarked "FAIR & BALANCED" in '98, and then "FAIR. BALANCED. UNAFRAID." in this year.

What is really interesting is that if you do a search on the patent office's front page for "Fair and Balanced" you get two hits where the term is used in their own documents!



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gristy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:25 PM
Response to Reply #45
48. I think you CAN trademark "fair and balanced"
as long as it is not in general use in the "field" for which Fox trademarked it. Now IF there was some media company which as some point in the past was using it, or is still using it, then this phrase I think falls in the public domain, and then Fox can't trademark it. The people who are/were using it (it they exist) might be able to, I think.

If that isn't the case, then probably Franken's defense will be the satire defense.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:53 PM
Response to Reply #48
52. I don't know...
They can register a "merely descriptive" mark, but it may not survive a challange. Basically, they have to show that it's "distinctive" to Fox News- in other words, that it has acquired "secondary meaning." Fox has cetainly advertized it and used it- but they still have a whole can of worms showing why the public associates it specifically with Fox and no with other news service. It would be kind of like ford registering "efficient and reliable."

Even if they do get to keep the mark, won't those be fun arguments to hear!
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Jeff in Cincinnati Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 09:32 PM
Response to Reply #48
53. If I remember correctly
Ohio University (a small private school in Athens, OH) won a trademark dispute with The Ohio State University, which caused OSU to pay some type of damages to Ohio University. OU claimed that they were in the education business - or something of that sort - before Ohio State and they have the right to use "Ohio" first.
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AWD Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 10:59 PM
Response to Reply #53
63. Ohio lost that case
They were suing because OSU's cheerleaders only had the word "Ohio" on their uniforms, and OU claimed it was their trademark.

they lost the case.
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Jeff in Cincinnati Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 07:46 AM
Response to Reply #63
89. Thanks for the update on that one
I have frinds from OU who are still giving me shit on that subject.
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MrMonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:35 PM
Response to Reply #45
50. Neckties
Fair & Balanced is registered for use with respect to entertainment services in the nature of production and distribution of television news programs.

Fair. Balanced. Unafraid. is registered for use with respect to neckties.

Go figure.

Actually, Franken might offer a compromise. On every cover and ad for the book: "Fair & Balanced is a registered trademark of Fox News Network. Go figure."
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gristy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 08:49 PM
Response to Reply #50
51. really?
Did you get that off the PTO site?

Fair & Balanced is registered for use with respect to entertainment services in the nature of production and distribution of television news programs.

Nothing more general? If the trademark is really that specific, I just don't see a problem with it on the cover of Al's book. And as you suggest, he can have some fun with it too.

Fair. Balanced. Unafraid. is registered for use with respect to neckties.

What the heck is that all about?
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union_maid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 10:37 PM
Response to Reply #51
58. It would have to be very specific
I would think that Al would win this because his use is really different from theirs, but hey, as everyone said, I'm sure he'd like this to go to court. There's no reason to settle this quickly.
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 10:41 PM
Response to Reply #51
60. It's a line of neckties...
with a balance as the design. Complements the Fair & BAlanced line. If you want to see it, dig around their site for the shop.

Apparently, they registered the TM for this line of ties, which is legitimate.

Sucks, and I still hate them, and I won't buy or wear their ties, but it's a legitimate TM.





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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 04:55 AM
Response to Reply #45
78. I've already trademarked
Edited on Tue Aug-12-03 04:57 AM by Feanorcurufinwe
I've already trademarked 'Fuck You'. You'll all be hearing from my lawyers soon.


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mike6640 Donating Member (621 posts) Send PM | Profile | Ignore Tue Aug-12-03 10:34 AM
Response to Reply #78
96. f##k you
Sue me.

hehe
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Democat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 09:51 PM
Response to Original message
55. This is good press for Franken's book
He should send the Fox lawyers flowers to thank them for helping promote his book.
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MaraJade Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 10:14 PM
Response to Original message
57. Easy way out . . .
is to simply reverse the words or add a comma.

For example:

A Fair, Balanced. . .

A Balanced, Fair. . . OR

A Balanced and Fair . . .

OR (more satirical) titles

"Lies and the Lying Liars Who Tell Them: A Fare and Balanced Look
at the Right"

OR "Lies and the Lying Liars Who Tell Them: Affair and Balanced Look
at the Right" (Of course, this version should contain information
about all of the Repukes who condemned Clinton while having Sub Rosa
Affairs of their own).

The slogan that they copyrighted was "fair and balanced" -- only that
exact thing and nothing more. Just a tweak, and their lawsuit is
moot.

(Can you tell that I am an amateur writer??)

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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:57 PM
Response to Reply #57
137. Fair + Balanced = FOX lying and the liars that tell them
nt
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JCMach1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 10:39 PM
Response to Original message
59. They trademarked the ampersand...
and besides, the TITLE is entirely different...

More shite from FAUX
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leesa Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 10:45 PM
Response to Original message
61. Good! Hope we hear some GREAT recorded examples of
'Fair and Balanced' news at the hearing!
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Bozita Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 10:53 PM
Response to Original message
62. Is Ted Olsen handling the case for Fox?
Just wondering.
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SideshowScott Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-11-03 11:59 PM
Response to Original message
64. I guess only right wingers are allowed frivlous lawsuits....
Once agian the right wing shows its ture colors by filling a the kind of lawsiut that they foam at the mouth agianst..ON THAT CHANNEL no less! Just like when they say the hollywood should stay out of politcs, go off about rich libirals, cheating politcians and the list goes on
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none Donating Member (70 posts) Send PM | Profile | Ignore Tue Aug-12-03 12:09 AM
Response to Reply #64
65. none
this lawsuit is an act of intimidation. fox news knows full and well this book is going to become a parody of their station and wants to do their best to stifle book sales and to hurt the company and anyone who does business with al franken by dragging him into what can be a messy and costly court battle. Fox can take the heat but usually little guys can not and will balk out. Oddly .enough this publicity may energize sales and provoke a buying frenzy.
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Pallas180 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:35 AM
Response to Reply #65
69. I would suppose that they are suing the Publisher not just Al Franken,
therefore hopefully it's a big publisher with a big
legal department which will pay for the lawyers and not
Al Franken. I don't have the impression that Al FRanken
is rolling in dough. |He's just a comedian ....maybe the
ACLU would help with the "free speech".
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Octafish Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:12 AM
Response to Original message
66. They can't copyright a title or prevent others from using it.
If so, then there couldn't be any books, TV shows, or other communications that happened to share a common phrase. I can't wait for the trial. Hope it's on Court TV.

Hey, Rupert! Here's a common phrase that you should consider your theme song: Fuck you!
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bpilgrim Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:26 AM
Response to Original message
68. so NO ONE can use 'Fair and Ballanced' in a sentence anymore?
give me a break :crazy:

peace
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truthisfreedom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 03:03 AM
Response to Original message
72. any press is good press.
this is good stuff for al. he's a really interesting guy, and i'm happy he's getting extra press for his views. it's bizarre that the repugs handed him this visibility so stupidly.
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MRDU Donating Member (135 posts) Send PM | Profile | Ignore Tue Aug-12-03 04:26 AM
Response to Original message
74. Bill O'Reilly exposed
Edited on Tue Aug-12-03 04:27 AM by MRDU
"The next time you hear whining about the FOX News Channel, know that if we weren't here, the elite media would be a lot more powerful than it is right now, and you can decide whether that's a good or bad thing."- Bill O'Reilly. Bill O'Reilly exposed http://www.jgestiot.com/articles/index.php?id=1
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gardenista Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 04:34 AM
Response to Original message
75. Alllright! Free publicity for Al's book! ROFL!
Boy, this book must be great!
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PennyLane Donating Member (240 posts) Send PM | Profile | Ignore Tue Aug-12-03 04:48 AM
Response to Original message
76. Publicity (of all kinds) Is Good!
They (Fox) are just helping to push this book up the best-sellers list before it even comes out! In the words of our fearless leader,
"Bring it on!" :bounce:
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Gore1FL Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 06:22 AM
Response to Original message
79. Someone should sue fox for false advertising.
after all they calle dthemselves "news"
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muchacho Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 06:22 AM
Response to Original message
80. NY Times
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.

<snip>

http://www.nytimes.com/2003/08/12/nyregion/12FRAN.html?...

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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 06:59 AM
Response to Reply #80
84. That's quite funny, Ole billy boy looks dumb on TV, why would.........
They worry about how he looks on the cover of a book that shows how his life really works

The article stated

Lawyers for Fox who filed the complaint also take issue with Mr. Franken's book cover because it "mimics the look and style" of two books written by Bill O'Reilly, a prominent Fox News personality. Mr. O'Reilly is also pictured on the cover, just beneath the word "Lies."

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missingthebigdog Donating Member (211 posts) Send PM | Profile | Ignore Tue Aug-12-03 07:08 PM
Response to Reply #80
125. Anyone have a link to the filing?
I'd love to read it! This is ridiculous.
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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 08:31 PM
Response to Reply #80
128. The NYT article is excellent
They get in their OWN digs:

"The viewership of Fox News has risen sharply over the last year with a mix of fast-paced news coverage and commentary, although it has been criticized for turning traditional notions of objectivity on its head."

I'd say that's a rather enthusiastic representation of the facts.



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hamsterhuey Donating Member (129 posts) Send PM | Profile | Ignore Tue Aug-12-03 06:38 AM
Response to Original message
82. alfrankenweb.com
is the unofficial website of Al Franken. take a look if you have the time: http://www.alfrankenweb.com
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muchacho Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 06:47 AM
Response to Original message
83. I guarentee..
Edited on Tue Aug-12-03 06:49 AM by muchacho
That O'Reilly is partly behind this.

After Fraklen gave him a thrashing on CNN I can imagine he was fuming for revenge.
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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 07:10 AM
Response to Reply #83
85. Well bless his little snibling butt, I am sure it must be quite cute
Oh, please, if there is such a thing as making wish for good purposes, let this blow up in billy boys face a lot more
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BuckeFushe Donating Member (797 posts) Send PM | Profile | Ignore Tue Aug-12-03 07:18 AM
Response to Original message
86. Fair AND Unbalanced
FairandbalancedFairandbalancedFairandbalancedFairandbalanced
FairandbalancedFairandbalancedFairandbalancedFairandbalanced
FairandbalancedFairandbalancedFairandbalancedFairandbalanced
FairandbalancedFairandbalancedFairandbalancedFairandbalanced
FairandbalancedFairandbalancedFairandbalancedFairandbalanced
FairandbalancedFairandbalancedFairandbalancedFairandbalanced

So can I be sued for using the words excessively without permission? What utter bullshit.
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Ganja Ninja Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 07:21 AM
Response to Original message
87. Looks like Limbaugh missed his chance.
Ill bet Rush is pissed he didnt trademark the phrase Big Fat Idiot.
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muchacho Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 07:45 AM
Response to Reply #87
88. BFI
>>Ill bet Rush is pissed he didnt trademark the phrase Big Fat Idiot.

As far as I'm concerned, he did.
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cboy4 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 09:15 AM
Response to Original message
90. If the crooked, lying GOP knew what was best,
it would hurry and trademark phrases such as, "I Lied About WMD's," and "Hijacking Another Election: This Time it's California," == to name a few.

I'm torn between the two most disgraceful news events recently: "FOX's laughable suit OR Issa's humiliating news conference here in Calif. when he actually cried like a rich, spoiled brat during his annoucement that he was dropping out of the governor's race. Unbelievable!






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Q Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 09:23 AM
Response to Reply #90
91. You can't trademark or copyright language...
Circular 1

Copyright Basics
September 2000

Copyright Basics

---

WHAT WORKS ARE PROTECTED?

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
literary works;
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

WHAT IS NOT PROTECTED BY COPYRIGHT?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

http://www.copyright.gov/circs/circ1.html#wci
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cboy4 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 02:27 PM
Response to Reply #91
115. I was mostly trying to be sarcastic,
but that's interesting info.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 09:35 AM
Response to Original message
92. Fox claims the use of the phrase is intended to confuse the public
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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 11:34 AM
Response to Reply #92
99. Any friend of the court witnesses or brief writers
Dont know a lot of Law but did any body catch from the underpants link

In the lawsuit, Fox said the network was created "as a specific alternative to what its founders perceived as a liberal bias in the American media."

Who would take something as subjective as that to court?
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:02 PM
Response to Reply #99
101. So Fox admitted that it is indeed NOT "Fair and balanced"
Hmmmmmmmmmm
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dave29 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:22 PM
Response to Reply #92
105. Use of "Fair and balanced" intended to confuse the public?
I'm shocked!!! Outraged!!!

WHO WOULD DO SUCH A THING????
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:23 PM
Response to Reply #105
107. I wonder if Reuters wrote it that way on purpose
Hilarious.
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samsingh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 01:45 PM
Response to Reply #105
112. that's funny
thanks for the chuckle.
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kentuck Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 09:47 AM
Response to Original message
93. A question for the English majors ?
Fox - fair and balanced as always?
A fair and balanced look at the media?

Are they both adjectives or is one used as adverbs?
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Iverson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:19 AM
Response to Reply #93
94. answer
They are adjectives. They are modifying nouns; adverbs cannot do that. The adverbial form of fair would be fairly. I would refuse to say "balancedly," but maybe evenly would do.
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markses Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 04:09 PM
Response to Reply #93
120. Answer Part 2
It seems confusing because of the structures and the truncations:

Fox - fair and balanced as always

Fox IS fair and balanced (as always) or, alternatively "Fox - We are fair and balanced, as always." - In these case, "is" or "are" serve as copulas for the adjectival "fair" and "balanced" - both of which modify either the proper noun "Fox" or the pronomial "we," depending on your revision of the truncated original.

A fair and balanced look at the media

This one is sneakier, since it includes a nominalization of the verb "to look." If we do look closely, however, we'll notice that the sentence fragment contains NO VERB at all. Since "fair" and "balanced" modify the noun "look," they remain adjectives.
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kentuck Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 04:43 PM
Response to Reply #120
122. thanks !
There is so much knowledge here at DU! It's scary! :scared:
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mandyky Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:50 AM
Response to Original message
97. There should be a class action suit
for false advertising as Fair and Balanced news - Fox is opinion, not news.
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elcondor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 11:21 AM
Response to Original message
98. They're doing this because they know they won't
be able to dispute anything in Franken's new book. I'm reminded of the forum C-Span carried with Franken, O'Reilly, and Ivins: Franken said that conservatives poured through "Rush Limbaugh is a Big Fat Idiot" and could only find one thing wrong--which wasn't totally Franken's fault to begin with. (He sighted a study's preliminary findings and the final results turned out differently than the priliminary ones.)

Fox thinks they can distract from the CONTENT but what they'll end up doing is giving Franken more publicity (as many others have pointed out). I just hope that this goes before a "fair and balanced" judge who, in legalese of course, tells Fox to get their heads out of their asses.
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Best_man23 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:05 PM
Response to Original message
102. There is no copyright protection for a concept or idea
That is like saying the phrase "No Smoking" can be copyright protected. I'm pretty sure the phrase "Fair and Balanced" fits under this description.

Somehow, I don't think Faux wants this book to hit the market.
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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 12:29 PM
Response to Original message
109. From #804 to #88 to #20 on Amazon.com
in one friggin day! It should be in the top 5 by the end of the day. I never thought I'd say it, but thank you FAUX! I am so LMAO over this development. :)
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RetroLounge Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 01:00 PM
Response to Reply #109
110. It's at #12 now!
Thanks Faux, you stupid f*cks...
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 01:08 PM
Response to Reply #110
111. 5,392% increase (Coulter's is now....#20)
HA! Thanks for the free publicity Fox.
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samsingh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 01:54 PM
Response to Original message
113. Franken should countersue Fox for
lying about being Fair and Balanced.
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genius Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 02:22 PM
Response to Original message
114. Rupert "Burn the ballots" Murdock wants to sue Franken
over using the slogan "fair and balanced." Doesn't something seem wrong here?
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robbedvoter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 02:38 PM
Response to Original message
117. Fux calls Franken "deranged" "unstable" + other insults in the complaint:
Edited on Tue Aug-12-03 02:40 PM by robbedvoter
"Franken is neither a journalist nor a television news personality," according to the complaint. "He is not a well-respected voice in American politics; rather, he appears to be shrill and unstable. His views lack any serious depth or insight."
--snip--
The court papers refer to Mr. Franken, who is a former "Saturday Night Live" writer and performer, as a "parasite" who hopes to use Fox's reputation to confuse the public and boost sales of his book.
Mr. Franken is also accused of verbally attacking Mr. O'Reilly and other Fox personalities on at least two occasions, and of being "either intoxicated or deranged" as he flew into a rage at a press correspondents' dinner in April 2003. Mr. Franken has not filed a response in court to the suit.
http://www.nytimes.com/2003/08/12/nyregion/12FRAN.html

Notice the typical GOP projection in accusing him of flying into a rage during the red ass he gave O'really!
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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 11:37 PM
Response to Reply #117
139. But Al Franken doesn't work for Fox News!
"O'Reilly is neither a journalist nor a television news personality," according to the complaint. "He is not a well-respected voice in American politics; rather, he appears to be shrill and unstable. His views lack any serious depth or insight."

Is anyone that works for Fox actually a journalist? Hannity was a high school dropout and Colmes was a comedian. Bill O'Reilly was a tabloid journalist.

"...as a "parasite" who hopes to use Fox's reputation to confuse the public and boost sales of his book. Mr. Franken is also accused of verbally attacking Mr. O'Reilly and other Fox personalities...

Is it cruel to laugh at such mentally deficient creatures? Does anyone really think that Al Franken works for Fox News ... that Fox is actually news? O'Reilly is just like any bully. He tries to intimidate, but cries like a baby when no one is impressed.


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FredScuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 01:00 PM
Response to Reply #139
154. but O'Really won a Peabody!
Oops, I mean he won a Polk! Oops, I mean his program won a Polk. Oops I mean, his program won a Polk after he left it.

(rinse, lather, repeat)
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jeanmarc Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 08:47 AM
Response to Reply #117
145. Classic case of projection
Deranged, intoxicated, not well respected in American politics, views lack serious depth?

They've just described Rupert Murdoch to a tee!
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Adenoid_Hynkel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 02:49 PM
Response to Original message
118. from al's site
this looks to be as good as his rush book. and he's including a prequel to operation chickenhawk!
-----------------
Although I wrote this book in a spirit of dispassionate inquiry, I cannot expect my critics to respond in kind. My right-wing detractors will undoubtedly tell you that Im obnoxious, smug, and a clear and present threat to our national security. I will not stoop to dignify such calumny with a response, except to say that Condoleezza Rice should watch her mouth.

Al Franken, one of our savviest satirists (People), has been studying the rhetoric of the Right. He has listened to their cries of slander, bias, and even treason. He has examined the Bush Administrations policies of squandering our surplus, ravaging the environment, and alienating the rest of the world. Hes even watched Fox News. A lot.

And, in this fair and balanced report, Al bravely and candidly exposes them all for what they are: liars. Lying, lying liars.

Al destroys the liberal media bias myth by doing what his targets seem incapable of: getting his facts straight. Using the Rights own words against them, he takes on the pundits, the politicians, and the issues, including:

Ann Coulter: The reigning diva of the hysterical right. Or rather, the hysterical diva of the reigning right.

The 2000 Election: Bush was lying throughout the 2000 campaign. And unlike Gore, Bushs lies werent even true.

The War On Terror: including the Bush administrations top secret pre-9/11 initiative, Operation Ignore

Come with Al as he confronts Bill OReilly, Sean Hannity, Paul Wolfowitz, Karl Rove, and other right-wing scoundrels. And enjoy the adventures of George W. Bush, Dick Cheney, and your favorite right-wing hawks who never went to war as they serve on John Kerrys Vietnam gunboat in Als short story Operation Chickenhawk: Episode One.

Timely, provocative, unfailingly honest, and always funny, LIES sticks it to the most right-wing administration in memory, and to the right-wing media hacks who do its bidding.

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zls44 Donating Member (849 posts) Send PM | Profile | Ignore Tue Aug-12-03 03:49 PM
Response to Reply #118
119. #7!!!!!!!!
HIS BOOK IS NOW #7!!!!!!!!!!!!!!
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ryharrin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 07:07 PM
Response to Reply #119
124. Wrong! Its #1! How great is that!
nt
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CBHagman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 04:17 PM
Response to Original message
121. Well, then, now I will have to buy the book.
Anything that puts Uncle Rupert's underpants in a twist is something I want in on! Go, Al!

On edit: Do you suppose he'll cheer on Arianna Huffington in California?
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RaRa Donating Member (705 posts) Send PM | Profile | Ignore Tue Aug-12-03 10:02 PM
Response to Reply #121
132. Maybe me too
I recall listening to his "Rush Limbaugh is a Big Fat Idiot" on tape while riding the L in Chicago. (While it grew tiresome toward the end) it had me literally crying tears of laughter through most of the book. I have so much more respect for Al (over Faux News), ---correction - I have no respect for Faux News...
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truthisfreedom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 07:31 PM
Response to Original message
126. HA HA HA look at this...
http://1.junglescan.com/scan/details.php?asin=052594764...

last change in sales... 744% increase! heh. good ol' al... i gotta run to the bookstore and preorder right now!
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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 08:26 PM
Response to Original message
127. Now it's #4 at Amazon
I hope he has good council and isn't intimidated by any of this -and that his profits more than make up for the trouble! Having a big lug corp after you doesn't sound like any fun.
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Paragon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 08:38 PM
Response to Original message
129. Franken responds:
http://www.eonline.com/News/Items/0,1,12311,00.html?eol...

Fox News declined to comment on the trademark infringement suit, citing pending litigation. Franken was out of the country traveling, but released a brief statement through his publicist.

"I normally prefer not to be out of the country on vacation when I'm sued. However, from everything I know about law regarding satire, I'm not worried. But I'd like to thank Fox for all the publicity," said Franken.

"As far as the personal attacks go, 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."


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Thor_MN Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 09:10 PM
Response to Reply #129
130. There you go....
If, for some reason beyond understanding, Faux wins - just make it

Unfair and UnBalanced

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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-03 10:52 PM
Response to Reply #129
135. Damn! He's making me seriously consider buying the book now!
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zls44 Donating Member (849 posts) Send PM | Profile | Ignore Tue Aug-12-03 11:35 PM
Response to Reply #135
138. Back at #2!!!
I hope someone got a screen cap when it was #1...
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bspence Donating Member (406 posts) Send PM | Profile | Ignore Wed Aug-13-03 08:14 AM
Response to Reply #138
141. #1 again
How does it slip down like that?
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Reverend_Mykeru Donating Member (9 posts) Send PM | Profile | Ignore Wed Aug-13-03 07:37 AM
Response to Original message
140. Jeeves, Take a Letter to Fox!
Edited on Wed Aug-13-03 07:49 AM by Reverend_Mykeru
TO:foxnewsonline@foxnews.com

SUBJECT: Request for Frivolous Lawsuit.

Dear Fox News,

Upon hearing that you plan to sue Al Franken for making a satirical and Fair Use reference to your laughable slogan "Fair and Balanced", I have decided, along with about 50+ other websites and blogs, to add the phrase "Fair and Balanced" to my website at www.mykeru.com .
Please feel free to sue me. Like Al Franken, I could really use the hat trick of a publicity-getting lawsuit that makes you folks look like the most hypocritical fuck nuggets on God's green Earth and, as a bonus, will remind people of the major league ass reaming Bill O'Reilly got at Franken's hands.

Please feel free to send one of your evil Barbie news reading bitches round my place for head. I'll toss them a twenty. I'll give Murdoch himself a ten, considering his morals.

Regards,

Reverend Mykeru
www.mykeru.com
"Serenity through Viciousness"


also see http://www.blah3.com/graymatter/archives/00000420.html for a partial list
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bspence Donating Member (406 posts) Send PM | Profile | Ignore Wed Aug-13-03 08:17 AM
Response to Reply #140
142. Interesting letter
You have organized your thoughts in a clear and concise manner, and I'm sure that your point will be effectively communicated to the fine people at Fox News.

I especially liked the "fuck nuggets" comment. :9
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SideshowScott Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 10:29 AM
Response to Reply #140
149. LOL very funny! N/T
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Fair and Balanced Donating Member (28 posts) Send PM | Profile | Ignore Wed Aug-13-03 08:18 AM
Response to Original message
143. Fox News Has Rights!
And should sue the hell out of anybody infringing on their trademark!
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Q Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 08:21 AM
Response to Reply #143
144. Actually...a corporation doesn't have 'rights'...
...that's reserved for an 'individual'.

- You can't copyright or trademark a SLOGAN or phrase commonly used in the english language.
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Fair and Balanced Donating Member (28 posts) Send PM | Profile | Ignore Wed Aug-13-03 10:03 AM
Response to Reply #144
148. Satire is dead
:(
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Isere Donating Member (920 posts) Send PM | Profile | Ignore Wed Aug-13-03 05:40 PM
Response to Reply #144
158. ALERT! Fox copyrighted 'Fair. Balanced. Unafraid."
OMFG! I just read this over at Romanesko's Letters page:
http://www.poynter.org/forum/?id=letters


From ALEX SHERMAN: It may be worth noting that Fox News Network registered the wordmark "FAIR. BALANCED. UNAFRAID." on May 6, 2003. Maybe they saw the flak coming three months ago? But then why call attention to the trademark with the lawsuit against Franken in the first place?


So now they are "Unafraid".....of what?


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Reverend_Mykeru Donating Member (9 posts) Send PM | Profile | Ignore Wed Aug-13-03 10:48 AM
Response to Reply #143
150. I agree absolutely
...if it means you have to change your user name, troll-boy.
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 11:00 AM
Response to Reply #143
152. You are hilarious, Is your real name Bill O'Reilly?
:shrug:
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Fair and Balanced Donating Member (28 posts) Send PM | Profile | Ignore Wed Aug-13-03 11:01 AM
Response to Reply #152
153. It's sarcasm!!!
Geez.
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goforit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 10:52 PM
Response to Reply #143
159. Glad you're upset bucko!
LOL!!!
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bspence Donating Member (406 posts) Send PM | Profile | Ignore Wed Aug-13-03 10:01 AM
Response to Original message
146. Ann Telnaes has a funny comic today about this
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bspence Donating Member (406 posts) Send PM | Profile | Ignore Wed Aug-13-03 10:02 AM
Response to Reply #146
147. oh, and...
Read Ann's stuff, it's fantastic. Her art and wit are the best in editorial cartoons.
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nolabels Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 04:37 PM
Response to Original message
156. So many threads about this story, thought I would give it a kick
:kick:
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VolcanoJen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-03 04:38 PM
Response to Original message
157. Hope y'all noticed our new Forum Tag
Check out the home page: "Enter Fair and Balanced Message Board."

;-)
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