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Fox gets lesson in TM law(3 posts)

Fox gets lesson in TM lawPdxMark
Aug 22, 2003 3:03 PM
http://www.cnn.com/2003/LAW/08/22/fox.franken/index.html

And maybe in preliminary injunction practice too. Waiting 10 weeks to file a motion for preliminary injunction rather undermines their claim of irreparable harm. The cleverness of Fox's legal maneuvers are comparable to the fairness and balance of its reporting.

If nothing else, Fox gave Franken astonishingly great publicity for his book.
re: Fox gets lesson in TM lawMe Dot Org
Aug 23, 2003 4:43 AM
This case reminds me a little of the Larry Flynt Case that went to the Supreme Court. Flynt had published a parody of a Campari ad in Hustler, where Jerry Falwell talked about his 'first time' (in the parody he claimed it was with his mother).

Falwell sued Hustler. Basically the case came down to the fact that the court felt that no reasonable person would confuse the parody with a real ad, and therefore no damage had been done to Falwell.

As in that case, the court felt the public was more intelligent than Fox gave them credit for. Given the quality of Fox's programming, it could be argued that their lawyers made an understandable mistake.

Franken should thank Fox for all the free pub.
Free pub is right!jtolleson
Aug 23, 2003 4:11 PM
The publisher wisely released the book nearly a month early, in the midst of the hype, and it has been rocketing up the chart in the last week thanks to FOX news. It might have otherwise maintained a cult following only. Go figure.