Aww! Poor Wittle Rupert Murdoch!

[yendi]

Looks like Rupert and his fellow thick-skins at Fuck Snooze can dish it out but can't take it (not exactly a surprise, really). They're suing Al Franken for his (parodic and therefore protected) use of their Fair and Balanced slogan (which I'd always taken to be deliberately humorous in the first place, as only someone on six forms of crack and/or with an IQ below 85 could possible think of them as fair or balanced). Thanks to pinballsorceror for the link.

Comments

[xforge.livejournal.com]

First question: Did Flocks Gnuz think to trademark "Fair and Balanced?" If they haven't been saying "A Fair and Balanced Look at the NewsTM" (or actually "A Fair and BalancedTM Look at the News") in their logos then I think they're pretty much SOL. And I think it'd be challenging to trademark a phrase that common anyway - it'd be like trying to trademark "Well... there ya go then." Or such like.

[yendi]

Even if they trademarked it, a trademarked phrase can still be use in certain contexts. And if they got a trademark, it should only have been for the phrase by itself (to prevent, say, CNN from running a commercial with that tagline).

[xforge.livejournal.com]

This whole analysis of mine, of course, fails to mention that adding a "TM" to a phrase reeeeeeeeeeeeally weakens its veracity. I mean "It's a whole new way of working!" has a little more credibility than "It's a Whole New Way of WorkingTM!" Y'know?

[redcrowstudio.livejournal.com]

I used to think parody was protected, but it apparently doesn't apply to the big mega-corps. Witness Kieron Dwyer's troubles with his parody of the Starbucks logo (http://www.illegal-art.org/print/popups/consumer.html).

The Faux News Network is full of shit here. I hope this backfires on them, but the cynic in me has a feeling they'll get their way and Franken's publisher will back down. "We distort, you comply".

In a related bit, here's something from the latest bestseller list (http://www.felbers.net/mt/archives/001618.html):

“Motherfuckers – The Liberal Plot to Sodomize Your Mom” by Ann Coulter
The irrepressible Ms. Coulter is back, and she’s swingin’ a hard right at the lefties! Find out how forces in the Democratic Party successfully rewrote history to make Richard Nixon’s retirement look like a resignation. Read how liberal institutions (like universities and the print media) have made it impossible for people to get their points across without being forced to use so-called “logic,” reason,” and “proof.” Also, some compelling evidence that the real liberal agenda involves performing unspeakable sexual acts on your mother.

[yendi]

I was under the impression that Dwyer was essentially extorted -- that Starbucks knew they'd lose, but also knew that Dwyer couldn't afford to pay.

I love that link. Felbers is one of my heroes.

[luis-mw.livejournal.com]

The first time I saw "fair and balanced" on a Faux advert, I nearly choked. Let us hope the parody rule holds up. Is there any support fund being able to set up?

What a heap of shit! Are they going to sue that photo competition website for taking the piss out of FN headlines reporting assorted historical events? Maybe they should sue anybody who uses phrases like Fuck Snooze and Faux News etc...

Assholes

[dwivian]

Parody is protected free speech, but trademarks are protected property. Creators of parody trademarks can be, and often are, successfully sued for dilution and defaming.

Trademarks take precedent over copyright, and that's the way it should work.

Now....the question is, did Fox trademark the phrase? If so, they are required by precedent to vigorously enforce the trademark, or lose it forever.

Ex: Aspirin is the trade name of an analgesic. Bayer failed to enforce, and now it is a generic term.

Xerox, on the other hand, made sure to enforce, and now we have photocopies, instead of Xeroxes....

[alison-says.livejournal.com]

Bwhahaaha! I shall buy that book the moment it hits the store :)