Reply #3: I looked at the trademark filing tonight.

[GumboYaYa]

It is a design trademark. Under trademark law it is difficult, if not impossible, to trademark descriptive terms. The strongest trademark protection is reserved for terms like Kleenex or Zerox, where the term develops an independent meaning from association with a product, company, ad campaign, etc. You can trademark descriptive terms in association with a design or unique use, however it is not afforded the same protection as nondescriptive terms. Additionally, FOX trademarked the term exclusively in association with the class of services of television news. Even if they have trademark protection, it does not extend to any and all use of the term.

IMO FOX does not have a leg to stand on in this lawsuit. I think they know this too, but elected to file for a few reasons. They are getting a ton of free press. That can't be bad. Also this will have a chilling effect on other people criticizing FOX. The public is on notice now that if you screw with FOX you get sued. It will make some think twice before crticizing in the future.