Any lawyers out there?

[RummyTheDummy]

Does anyone know the legal viability of the O'Reill'y/Faux News lawsuit against Al Franken.
Just curious if Bill could actually win.

[sangha]

1. Not a lawyer

But it's possible, even if highly improbable. "Fair and balanced" is not unique enough nor closely identified with Fox to limit everyday use of the phrase.

[nothingshocksmeanymore]

2. It's parody. It's more likely than not fair use.

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/copyrtcases/query=!28!7C!29/doc/{t11}/hit_headings/words=4/pageitems={body}?

[kanrok]

3. What a yuk

Haven't seen the complaint yet, though it really interests me. These are the guys who cry and moan over alleged "frivilous" lawsuits, and bemoan the loss of "personal responsibility" in our culture, yet, when they get scratched, they jump immediately to blame. What a bunch or "morans"....

[HFishbine]

4. Jeffrey Turbin (Tubin?)

The legal analyst on CNN explained it. "Fair and Balanced" is a registered mark of Fox. But like all service marks, it can only be protected for use against competing products. The example he gave was that he could not create a candy called "Good and Plenty" but he could create a news show called "Good and Plenty."

The test is whether the use could cause confusion in the mind of the consumer -- if they think they are getting the original product.

Franken in on firm ground. Nobody is going to confuse his book with a Fox News broadcast.

Additionally, satire has additional protections as free speech. Fox is going to lose this one in summary judgement.

edit: spelling

[GumboYaYa]

5. Additionally, the term "Fair and Balanced"

is a descriptive term. Descriptive terms have the lowest level of protection afforded by trademark law. FOX has a tough case to make.

[edward]

6. OK, liked "Spiked TV"

One might think it had something to do with "Spike" Lee.
And didn't they settle out of court?

[rock]

7. Nobody is going to confuse his book

If they do, then Al's entire point would be lost. That's just what he doesn't want to happen! Yes, he wants you to think of FAUX but NOT think he's representing them.

[Cornus]

8. An added benefit...

...is that it's shooting Franken's book right to the top. Didn't TPTB at Faux ever think of this?