Lawyers for Fox argue that the network has trademarked “Fair and Balanced” to describe its news coverage and that Franken’s use of that phrase in the title of his forthcoming book (“Lies and Lying Liars Who Tell Them: A Fair and Balanced look at the Right,” due in stores next month–and now, thanks to Fox, certain to be a bestseller) would “blur and tarnish” those words.
Anyone who hasn’t been living under a rock knows that Fox News (like the Bush Administration) is adept at saying one thing while doing another. (Its other motto, “We report, You decide,” should be “We Distort, We Decide.”) Fox is also a network filled with particularly shrill, mean-spirited and politically-motivated characters. Ironically, in their complaint against Franken, Rupert Murdoch‘s lawyers perfectly described Fox’s leading personality and Franken-antagonist Bill O’Reilly, “…he appears to be shrill and unstable. His views lack any serious depth or insight.”
For the legal view of this tempestuous trademark dispute, I sought the counsel of Peter Weiss–a widely respected trademark and human rights attorney. His suggestion: “Al Franken should countersue for damages under Section 11 of the US Code of Civil Procedure, charging abuse of the legal process.” The downside though, Weiss added, is that “maybe he’ll draw one of those new Bushie judges who haven’t heard of the First Amendment.”
On a lighter note, Weiss sent me his letter to Franken:
Dear Shrill and Unstable Al,
When I read today’s New York Times story about Fox’s idiotic suit to my daughter-in-law, her response was (A) “I love Al Franken” and (B) ” ‘fair and balanced’ was the motto of the Congressional Research Service when I worked for it.” That would have been about seven years ago; it may still be the case today. Either way, tell your lawyers.
Peter Weiss (semi-retired trademark lawyer)