Salon: federal judge Denny Chin threw out Fox’s attempted injunction against Al Franken’s new book, which uses “fair and balanced” (a phrase trademarked by Fox) in its subtitle. The judge appears to have had a field day slamming Fox, suggesting that they could be in danger of losing the trademark if they pursued the suit further, and getting in some fabulous zingers:
…the judge pointed out that one of O’Reilly’s own books is titled “The O’Reilly Factor: The Good, the Bad, and the Completely Ridiculous in American Life.” “Is that not a play on ‘The Good, The Bad and the Ugly?’” Chin asked, noting that the movie title is also trademarked.
“I don’t know,” replied [Fox lawyer] Hanswirth.
“You don’t know?” asked the judge…
Hanswirth went on to argue that Franken has diluted Fox’s trademark by using it “to ridicule Fox’s No. 1 talent, Mr. O’Reilly.” She then suggested that, because Coulter is on the cover, “somebody looking at this could determine Ms. Coulter has some kind of official relationship with Fox.”
“The President and Vice President are also on the cover, are they not?” asked Chin. “Are consumers likely to believe they are associated with Fox News?”
God bless the judicial branch, which appears to be the only part of our government that has retained any common sense.