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08/13/2003 Entry: "Fair & Balanced"

This stupid lawsuit that Fox TV is bringing against Al Franken really bugs me.

Fox is so full of shit. Yes, they did TM the phrase "Fair & Balanced" (note use of ampersand), but it is specifically for "entertainment services in the nature of production and distribution of television news programs." You can't stop someone from using a trademark in a completely different arena - that's the way trademark law works. (You can have a telecommunications company called Qwest and a minivan called Quest, and they peacefully co-exist.) If they are arguing that the phrase is so famous that it deserves special attention, they're out of their tiny minds. Fox News isn't Coca-Cola. I think you would have a VERY HARD TIME proving that the use of "fair and balanced" in the title of a book by Al Franken would, as Fox's spokesgollum said, "confuse the public as to the origins of the book".

Don't you suits have anything BETTER TO DO?

Posted by Laurel Sutton

 

 

 

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