fair and balanced

[Lincoln]

Fox, I think, is a parody of real "fair and balanced" reporting. Everyone knows that they are right-wing except them for some reason. This is another example of copywrite laws run amuk. I hope that Fox is thoroughly embarrassed by this. People have been using the phrase "fair and balanced" for hundreds of years. The phrase should not have received protection in the first place.

[The Templar]

Originally posted by Imran Siddiqui

A tagline "Fair and Balanced" is trademarked. Therefore, MSNBC can't start using it or something. It does not mean that every instance of the words "Fair and Balanced" have to pay royalties to NewsCorp, which is why this suit will go nowhere.

Of course MSNBC can't use it, FOX and MSNBC are competitors. But a hypothetical scale manufacturer, say Acme Scales Inc., could because manufacturing measuring devices and producing infotainment are two completely different businesses. Ergo, there is no confusion (sort of like Ford Motors and Ford Modeling can coexist). But Fox as much as admitted in their brief that Franken is not an infotainment "journalist" (he is, by their lights, an unfunny comedian). Ergo, Franken cannot be infringing on their trademark - unless NewsCorp is claiming some sort of really broadbased trademark.

Of course, why should phrases be trademarke-able? Isn't fair and balanced more a representation of a product? (In which case NewsCorp should be sued for misrepresentation). Isn't a putative journalistic organization calling itself "fair and balanced" really just akin to a car repair shop saying it has trained mechanics? Should Firestone get to trademark "trained mechanics" so that Pep Boys cannot claim the same - even though Pep Boys employs trained mechanics?

Trademarking "Fair and Balanced" just goes to far in my mind.

[MichaeltheGreat]

Actually, when there's demonstrably no similarity in trademark or servicemark holders and no likelihood of misidentification of the business, it's not only possible, but not very difficult, to get multiple holders for a particular trademark or service mark.

[Q Classic]

like Acme, for instance. or A-One/A1.

[The Emperor Fabulous]

reminds me of the time that Fox attempted to sue the owners of the whyfiles.com or .org or something like that because it was infringing on their ownership of the title "X-Files"

[The Templar]

Originally posted by MichaeltheGreat
Actually, when there's demonstrably no similarity in trademark or servicemark holders and no likelihood of misidentification of the business, it's not only possible, but not very difficult, to get multiple holders for a particular trademark or service mark.

Yeah, i just said that.

[Dis]

well if he can get away with a book called Rush Limbaugh is a big, fat, idiot, I think he will get away with this.

[Boris Godunov]

Originally posted by Dissident
well if he can get away with a book called Rush Limbaugh is a big, fat, idiot, I think he will get away with this.

Yes, true. I had trademarked the phrase "Rush Limbaugh is a big, fat idiot" years before he wrote the book, yet the bastard got away with it!

I'm astonished at Fox's attacks within the court documents. Were those really necessary? Why would they say such things in official court papers?

Well, they've certainly helped him sell books. I didn't even know he had a new one coming out. Thanks, Fox!

[SpencerH]

I disagree with Franken, but he is funny even when shrill. Fox look like fools here.

[Dr Strangelove]

I wonder if the phrase "fair and balanced" has ever been used in legal documents, literature, or in common daily discourse? If so then I submit that the phrase was in general use long before Fox came along. It's sort of like trying to patent the wheel.

[Sikander]

Originally posted by The Templar


Yeah, i just said that.

MtG's was more fair and balanced.

[Defiant]

The only chance of Franken's book to sell is to use an icon's trademark, maybe this way he will sell within 90% of what Coulter's book sales. When you can't beat them, join them.

[rah]

It seems that Fox has a "little" ill will towards Franken and are just trying to be petty. The joke will be on them though when the publicity keeps his book high on the list and he makes more money from it.

[DinoDoc]

Originally posted by SpencerH
I disagree with Franken, but he is funny even when shrill.

When?

[Defiant]

rah,
Maybe his book sales will come out of the cellar this time.