Fox News
Fox vs. Franken
A fair and balanced set of excerpts from the Fox News lawsuit against Al Franken over alleged trademark theft. Plus: Outraged replies from Franken and others.
Fox News [Network], the owner and operator of the world famous Fox News Channel (“FNC”), is the owner of a federal trademark registration in the mark “Fair & Balanced”. Fox News has used the mark “Fair & Balanced”, sometimes depicted as “Fair and Balanced”, (the “Trademark”) to distinguish and brand FNC’s distinctive method of newsgathering and reporting since its well-publicized launch in October 1996. “Fair & Balanced” has been a registered trademark of Fox News since December 22, 1998. Fox News has made continuous use of the Trademark since 1996, and the mark has become a signature slogan of FNC.
Fox News employs a variety of on-air news personalities to give FNC its distinctive, number-one rated position in the national cable news marketplace. Prominent among those news personalities is Bill O’Reilly (“O’Reilly”), who is the host of cable television news’s number-one rated program “The O’Reilly Factor.” …
Penguin, through its imprint, EP Dutton (“Dutton”), plans to publish “Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right,” written by Franken (the “Book”), on September 22, 2003… The preliminary cover of the Book (the “Preliminary Cover”), which is on display, among other places, in advertisements for the Internet sale of advance copies of the Book and on defendant Franken’s official web site, prominently features Fox News’ trademark “Fair and Balanced” as well as a photograph of O’Reilly in what appears to be the FNC television studio…
Defendants’ intent in using the Trademark in this unauthorized fashion is clear — they seek to exploit Fox News’ trademark, confuse the public as to the origin of the book, and accordingly, boost sales of the Book. This behavior constitutes willful trademark infringement…
Moreover, since Franken’s reputation as a politicial commentator is not of the same caliber as the stellar reputations of FNC’s on-air talent, any association between Franken and Fox News is likely to blur or tarnish Fox News’ distinctive mark…
FNC was launched in October 1996. From the time of its launch until the present, FNC has been dedicated to presenting news in what it believes to be an unbiased fashion, eschewing ideological or political affiliation and allowing the viewer to reach his or her own conclusions about the news. FNC was created as a specific alternative to what its founders perceived as a liberal bias in the American media…
FNC’s balanced approach to reporting the news has become extremely popular and FNC is now the most watched 24-hour news network in the nation… Indeed, during the 2003 war in Iraq, FNC was the most watched cable news source for up-to-the-minute news. According to “Advertising Age” magazine, FNC is “the biggest cable winner” and its “grip on the crown seems even tighter now.” …
Currently, “The O’Reilly Factor” is the most popular program on FNC. “The O’Reilly Factor” bills itself as a “No Spin Zone” and the goal of the program is to present the audience with the straight facts while allowing the audience to reach its own conclusions about the news…
O’Reilly himself has become a national celebrity and one of America’s most trusted sources of news and information. He is inextricably linked with Fox News and the “Fair and Balanced” trademark in the minds of the viewing public…
To reflect its unique approach to the reporting of news, FNC adopted the slogan “Fair and Balanced,” along with the phrase “We Report, You Decide” at the time of the network’s inception…
On April 23, 1997, Fox News applied to the United States Patent and Trademark Office for a trademark in the phrase “Fair & Balanced” for “entertainment services in the nature of production and distribution of television news programs.” On December 22, 1998, Fox News’ trademark in “Fair & Balanced” was registered on the PTO’s Principal Register. Since then, Fox News has also obtained a registration on the Principal Register in “Fair. Balanced. Unafraid.” in connection with neckties.
Since 1997, Fox News has expended $61 million and thousands of hours in promoting and advertising its brand, including the “Fair and Balanced” mark. These marketing efforts have global reach…
In addition, Fox News has developed merchandise for sale that includes the “Fair and Balanced” logo… [a] Fox News mug contains the phrase “Balance is Important in News and Hot Coffee.” There is also a “Fair and Balanced” necktie available for sale on the Fox News web site in a number of colors…
Defendants use of the Trademark in the Book is likely to cause confusion among the public about whether Fox News has authorized or endorsed the Book…
Indeed, as Franken admitted during [a recent Los Angeles book expo], the “Fair and Balanced” trademark was, in fact, used on the preliminary cover of the Book for the express intention of capitalizing on FNC’s reputation…
Franken has recently been described as a “C-level political commentator” who is “increasingly unfunny.” Franken has physically accosted Fox News personalities in the past, and was reported to have appeared either intoxicated or deranged as he flew into a rage near a table of Fox News personalities at a press correspondents’ dinner in April 2003. Franken is neither a journalist nor a television news personality. 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. Franken is commonly perceived as having to trade off of the name recognition of others in order to make money. One commentator has referred to Franken as a “parasite” for attempting to trade off of Fox News’ brand and O’Reilly’s fame in the Preliminary Cover of his Book…
As a result of Defendants’ actions, Fox News is irreparably harmed…
[Editor's note: Following are statements released by Al Franken and his publisher, Dutton, on Aug. 12 in response to the lawsuit.]
Al Franken:
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. 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.”
Lisa Johnson, Executive Director of Publicity, Dutton:
It is extraordinary that one of the largest media corporations would take such action. In trying to suppress Al Franken’s book, News Corp. is undermining First Amendment principles that protect all media by guaranteeing a free, open and vigorous debate of public issues. The attempt to keep the public from reading Franken’s message is un-American and runs contrary to everything this country stands for.
James Gleick, spokesperson for Authors Guild:
Fox News’ attempt to use trademark laws to silence criticism is deplorable. Book authors and publishers, television journalists and networks all depend on First Amendment protections to pursue their craft. News organizations, which willingly enter the rough-and-tumble of public debate, must accept the possibility of drawing sharp criticism as part of the bargain.
If Fox disagrees with Mr. Franken’s position, it has ample access through its affiliated companies to respond in a manner that respects our joint need for vigorous, open debate. That way, the various positions can be heard, and people can decide.
Communist accusations matter
O'Reilly says I secretly adore Karl Marx -- and provides another example of how Fox ruins the national dialogue
Bill O'Reilly (Credit: Wikipedia) Bill O’Reilly, the tumescent personality of Fox News, said on his Friday show “Robert Reich is a communist who secretly adores Karl Marx.”
It’s an odd charge. If we were living in the 1950s, amid Senator Joe McCarthy’s communist witch-hunts, O’Reilly’s accusation might have some bite and cause me real injury. But these days it’s hard to find a full-throated communist anywhere in the world.
O’Reilly’s accusation isn’t even logical. How can he know if I secretly adore Karl Marx, if it’s a secret?
Continue Reading CloseRobert Reich, one of the nation’s leading experts on work and the economy, is Chancellor’s Professor of Public Policy at the Goldman School of Public Policy at the University of California at Berkeley. He has served in three national administrations, most recently as secretary of labor under President Bill Clinton. Time Magazine has named him one of the ten most effective cabinet secretaries of the last century. He has written 13 books, including his latest best-seller, “Aftershock: The Next Economy and America’s Future;” “The Work of Nations,” which has been translated into 22 languages; and his newest, an e-book, “Beyond Outrage.” His syndicated columns, television appearances, and public radio commentaries reach millions of people each week. He is also a founding editor of the American Prospect magazine, and Chairman of the citizen’s group Common Cause. His widely-read blog can be found at www.robertreich.org. More Robert Reich.
Fox: “Glee” makes you trans
Bill O'Reilly thinks the show is coming for your children -- and once again misunderstands inequality VIDEO
(Credit: Wikipedia) “Here we go again,” says the blond lady from Fox. Gretchen Carlson, I assure you I feel exactly the same way.
On Thursday’s “O’Reilly Factor,” Bill O’Reilly grappled with the terrible, terrible paradox that while “Glee” may have some merits, it also sends the message “that alternative lifestyles for children may be positive.” And then, oh no, he showed a clip of the character Unique performing a KC and the Sunshine Band song in a dress and heels. O’Reilly, who is terribly concerned that America’s youth “might go out and experiment with this stuff,” next welcomed Carlson, along with Judge Jeanine Pirro, for an old-fashioned round of pearl-clutching. “Here we go again,” said Carlson, “pandering to .3 percent of the American population that consider themselves transgender. Now I get to explain this to my 8-year-old, if I just wanted to watch a nice family show with some nice music?”
Mary Elizabeth Williams is a staff writer for Salon and the author of "Gimme Shelter: My Three Years Searching for the American Dream." Follow her on Twitter: @embeedub. More Mary Elizabeth Williams.
Fox’s misinformation effect
It's not just the programming. Conservatives are more likely to seek out outlets that affirm their views
Bill O'Reilly (Credit: AP/Charles Sykes) In June of last year, Jon Stewart went on air with Fox News’ Chris Wallace and started a major media controversy over the channel’s misinforming of its viewers. “Who are the most consistently misinformed media viewers?” Stewart asked Wallace. “The most consistently misinformed? Fox, Fox viewers, consistently, every poll.”
Stewart’s statement was factually accurate, as we’ll see. The next day, however, the fact-checking site PolitiFact weighed in and rated it “false.”In claiming to check Stewart’s “facts,” PolitiFact ironically committed a serious error—and later, doubly ironically, failed to correct it. How’s that for the power of fact checking?
Chris Mooney is the author of four books, including "The Republican War on Science" (2005). His next book, "The Republican Brain: The Science of Why They Deny Science—and Reality," is due out in April. More Chris Mooney.
How billionaires destroy democracy
Wealthy Wall Streeters have rigged the economy and the government against the people. Here's how they did it
Kenneth Griffin, Philip Falcone, Jim Simons and John Paulson testify before a House Oversight and Government Reform Committee hearing on the regulation of hedge funds in 2008. (Credit: Reuters/Jonathan Ernst) There are many words that could be used to describe Barack Obama, but one adjective decidedly doesn’t fit: Aggressive. So it was more than passing strange when a prominent member of Wall Street — Stephen Schwarzman, chairman of the private equity giant Blackstone Group — compared actions by President Obama to one of the most notoriously aggressive acts by one of history’s most aggressive villains. Speaking to the board of a nonprofit group, Schwarzman fiercely denounced initiatives by the Obama administration: “It’s war. It’s like when Hitler invaded Poland in 1939.”
Continue Reading CloseLinda McQuaig, the author of seven best sellers and winner of a National Newspaper Award, has been a national reporter for the Globe and Mail, a senior writer for Maclean's magazine, and a political columnist for the Toronto Star. More Linda McQuaig.
The author of three books, Neil Brooks is director of the graduate program in taxation at Osgoode Hall Law School in Toronto. He has participated in building projects relating to income tax in Lithuania (through the Harvard Institute for International Development), Vietnam (Swedish International Development Agency), Japan (Asian Development Bank), China (AUSAid) and Mongolia (AUSAid). More Neil Brooks.
Geraldo’s hilarious non-apology
The pundit says he's sorry -- even though "one prominent black conservative" thinks he's right
Geraldo Rivera (Credit: AP) Ah, the non-apology apology. It’s a classic. But leave it to Geraldo Rivera to take it to a whole new level.
In a gesture of appeasement after the outcry over his stunning assertion last week that “Trayvon Martin’s hoodie killed him as surely as George Zimmerman did,” the mustachioed Fox pundit sent an email to Politico in which he offered a “sincere and heartfelt apology” for his words. On his radio show, he added that his “own family and friends believe I have obscured or diverted attention from the principal fact, which is that an unarmed 17-year-old was shot dead by a man who was never seriously investigated by local police.” And then he went and threw in, “And if that is true, I apologize.” If it’s not, suck on it, I guess.
Continue Reading Close
Mary Elizabeth Williams is a staff writer for Salon and the author of "Gimme Shelter: My Three Years Searching for the American Dream." Follow her on Twitter: @embeedub. More Mary Elizabeth Williams.
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