Fox News Fires Salvo at Franken
Fox News Channel: Fair and balanced...and litigious.
The conservative-backed cable news channel has put lefty funnyman Al Franken in the crosshairs, accusing him of swiping the net's trademarked slogan, "Fair and Balanced," as part of the title of his upcoming book.
The trademark infringement lawsuit, filed in State Supreme Court in Manhattan, seeks a judge's order barring Franken's Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right from using in its title the phrase "Fair and Balanced," three words that Fox News registered in 1998 and says accurately describes its coverage.
In the suit, lawyers for FNC argue that Franken's title is a blatant attempt to profit off of the network's success and the popularity of its stars, including commentator Bill O'Reilly, who has been feuding with the Emmy-winning Saturday Night Live alum for several months now.
The Fox legal eagles also note that Franken's use of the "Fair and Balanced" phrase could "blur and tarnish" Fox News' image and confuse the public.
"His views lack any serious depth or insight," opines the cable channel in court papers.
Perhaps even more surprisingly, the suit goes on to attack Franken personally, calling him a "parasite," who is "unstable," "shrill" and "not a well-respected voice in American politics."
You may wonder what the heck has Fox News, a division of Rupert Murdoch's powerful News Corp. media behemoth, so rankled that it would bother to pick on the erstwhile Stuart Smalley. (He may be good enough and smart enough, but doggone it, Fox News apparently doesn't find Al Franken amusing.)
Sure, Franken, 52, has a history of bashing the right, as evidenced by his scathing 1996 best-seller, Rush Limbaugh Is a Big Fat Idiot and Other Observations.
But many Industry observers believe Franken has been targeted for his particulary enmity toward the pugnacious O'Reilly.
Franken, O'Reilly and author Molly Ivins were on a panel together at May's Book Expo in Los Angeles. During that luncheon event, which was broadcast on C-Span, Franken said O'Reilly was fibbing when he supposedly boasted about how his former show, Inside Edition, won a Peabody Award, one of journalism's highest honors, during his tenure on the program.
O'Reilly, who's penned two best-sellers of his own and is known for railing against politicians who resort to name-calling, replied that he misspoke and it was actually a Polk Award.
"Don't you think it's odd you got it wrong about a journalism award," chided Franken.
That set off O'Reilly, who called Franken an "idiot" and someone who's "vicious" and "blinded by ideology." After the debate ended, O'Reilly refused to shake hands with Franken.
The war of words continued backstage however.
It was later reported that O'Reilly told Franken that his new book's cover used a photo of O'Reilly without permission and cautioned that he'd be hearing from Fox News' lawyers. Franken said the photo of O'Reilly, printed just beneath the word "Lies," was in the public domain.
Indeed, Dutton Publishing, a division of Penguin Group, which is releasing Franken's Lies in September, did hear from Fox News' legal folks, who filed a complaint against the publisher claiming the book "mimics the look and style" of O'Reilly's bestselling No Spin Zone and The O'Reilly Factor.
Fox News declined to comment on the trademark infringement suit, citing pending litigation. Franken was out of the country traveling, but released a brief statement through his publicist.
"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," said Franken.
"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."
Meanwhile, Dutton accused News Corp. of attempting to stifle an opposing viewpoint.
"It is extraordinary that one of the largest media corporations would take such action," the publisher said in a statement. "In trying to suppress Al Franken's book, News Corporation is undermining the First Amendment principles that protect all media, 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."
The case is expected to go before a judge later this week.



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