Thursday, August 14, 2003

FOX SUIT

The arguments are also pretty bad. Here's the complaint (PDF file, from Findlaw). I cannot believe that a news organization could argue, with a straight face, that the use of the term "fair and balanced" by a political humorist in the title of his book could "tarnish[] the mark" because it "lessens the reputation of FNC for having a team of first-rate journalists and news personalities who gather, report, and analyze the news." It's satire, for God's sake.

I don't know anything about trademark law, but if Fox has anything close to a chance of success here, then the law needs some radical revision.

And the implications of the suit are staggering. Anyone who makes fun of Fox (for monetary gain only? Not sure) by using the words "fair and balanced," prominently, would seem to be subject to such a suit. Unbelievable.