Not only did Fox News lose its “copyright infringement” lawsuit against Al Franken for subtitling his book “A Fair and Balanced Look at the American Right,” it looks like the presiding Judge gave the suit exactly the reception it deserved:
Calling the motion “wholly without merit, both factually and legally,” the judge, Denny Chin of United States District Court, said that a person would have to be “completely dense” not to realize the cover was a joke, and that trademark protection for the phrase “Fair and Balanced” was unrealistic because the words are so commonly used.
One round of laughter was prompted when Judge Chin asked, “Do you think that the reasonable consumer, seeing the word `lies’ over Mr. O’Reilly’s face would believe Mr. O’Reilly is endorsing this book?” The giggling continued as Dori Ann Hanswirth, a lawyer for Fox, replied, “To me, it’s quite ambiguous as to what the message is here.” She continued, “It does not say `parody’ or `satire.’ ”
Ms. Hanswirth said Fox’s “signature slogan” was also blurred, because people who were not associated with the network, which owns the Fox News Channel, also appear on the cover with Mr. O’Reilly. Judge Chin said, “The president and the vice president are also on the cover. Is someone going to consider that they are affiliated with Fox?” The courtroom broke into laughter again.
Ms. Hanswirth replied, “It’s more blurring, your honor.”
So you can now refer to this site as “Little Wild Fair and Balanced Bouquet” with impunity…