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08-22-2003, 06:10 PM
Fox Loses Bid to Stop Sale of Franken Book
Fri August 22, 2003 06:31 PM ET
By Gail Appleson
NEW YORK (Reuters) - A federal judge on Friday slammed Fox News' trademark infringement lawsuit against Al Franken and his publisher Penguin Group and refused to stop the sale of the liberal satirist's new book that pokes fun at the network and host Bill O'Reilly.
Fox charged that Franken had violated its trademarked phrase "fair and balanced" by including it on the cover of his book entitled "Lies and the Lying Liars Who Tell Them." Fox is owned by News Corp. and Penguin is a unit of Pearson . The book went on sale on Thursday.
"There are hard cases and there are easy cases. This is an easy case," said U.S. District Judge Denny Chin. "This case is wholly without merit both factually and legally."
"Parody is a form of artistic expression protected by the First Amendment. The keystone to parody is imitation. Mr. Franken is clearly mocking Fox," said Chin.
The judge said he thought it ironic that a media company that should be fighting to protect free speech would seek to undermine the First Amendment. He also said he thought the "fair and balanced" trademark is weak because the phrase is used so often.
http://reuters.com/newsArticle.jhtml?type=...storyID=3324571 (http://reuters.com/newsArticle.jhtml?type=topNews&storyID=3324571)
Fri August 22, 2003 06:31 PM ET
By Gail Appleson
NEW YORK (Reuters) - A federal judge on Friday slammed Fox News' trademark infringement lawsuit against Al Franken and his publisher Penguin Group and refused to stop the sale of the liberal satirist's new book that pokes fun at the network and host Bill O'Reilly.
Fox charged that Franken had violated its trademarked phrase "fair and balanced" by including it on the cover of his book entitled "Lies and the Lying Liars Who Tell Them." Fox is owned by News Corp. and Penguin is a unit of Pearson . The book went on sale on Thursday.
"There are hard cases and there are easy cases. This is an easy case," said U.S. District Judge Denny Chin. "This case is wholly without merit both factually and legally."
"Parody is a form of artistic expression protected by the First Amendment. The keystone to parody is imitation. Mr. Franken is clearly mocking Fox," said Chin.
The judge said he thought it ironic that a media company that should be fighting to protect free speech would seek to undermine the First Amendment. He also said he thought the "fair and balanced" trademark is weak because the phrase is used so often.
http://reuters.com/newsArticle.jhtml?type=...storyID=3324571 (http://reuters.com/newsArticle.jhtml?type=topNews&storyID=3324571)