361:(USA). The book had originally been slated for release on September 22, 2003, but the publicity resulting from the suit prompted Penguin to move the release date up to August 21 and print an extra 50,000 copies, for a total of 435,000; the book was an immediate bestseller. For its part, Fox News Channel was ridiculed by commentators and bloggers on both sides of the political divide, many of whom suggested that the network had filed the suit to placate Bill O'Reilly in the wake of his run-in with Franken at the BookExpo panel.
782:, from Dutton Books. Mr. O'Reilly became angry after Mr. Franken went over his time limit while explaining why Mr. O'Reilly's picture was on the proposed cover of Mr. Franken's forthcoming book. The controversy was over an occasion when Mr. O'Reilly had said that his television show had won Peabody awards when in fact it had won Polk awards. Mr. Franken said that Mr. O'Reilly has not sufficiently acknowledged the mistake. After discussions among themselves the panelists answered questions from members of the audience.
711:
1048:
28:
251:, which Fox claimed it had first become aware of following the BookExpo panel discussion in May. The filing stated that Franken had "been described as a 'C-level political commentator' who is 'increasingly unfunny'", and claimed that the comedian was "shrill and unstable" and had "appeared either intoxicated or deranged" at a
769:
The
Saturday Book and Author Luncheon featured some of the nation's top media commentators on one panel discussing their upcoming works. The discussion became heated at times. Ms. Schroeder moderated the panel featuring media commentators giving presentations on their latest books. The luncheon panel
336:
Fox's application for a temporary restraining order is denied. Fox had not previously requested this relief, and the preliminary injunction motion will be heard in two days in any event. I do not believe defendants or their counsel have in any way misled the Court about the release date of the book.
292:
heard arguments from attorneys representing the plaintiff and the defendant regarding Fox News's request for an injunction to prevent
Franken from releasing the book with its current title. In a hearing punctuated at times by laughter from the assembled spectators, Chin questioned Fox News attorney
364:
Drawing on Judge Chin's concluding remarks, Franken suggested that Fox News adopt "wholly without merit" as its new slogan to replace the possibly invalid "fair and balanced". In a more serious response, in
December 2003, the Independent Media Institute, publishers of the left-wing website
333:
By letter dated August 19, 2003, Fox requests a temporary restraining order immediately restraining defendants from further distributing the book pending argument on August 22. By letter dated August 20, 2003, defendants oppose the application for a temporary restraining order.
305:
Chin denied the injunction and said that the case was "wholly without merit, both factually and legally". He went on to suggest that Fox News' trademark on the phrase "fair and balanced" could be invalid. Three days later, Fox News
Channel filed to drop the lawsuit.
348:
Judge Chin said the case was an easy one, and chided Fox News
Network LLC for bringing its complaint to court. The judge said, "Of course, it is ironic that a media company that should be fighting for the First Amendment is trying to undermine it."
1082:
267:
In response, Franken joked that he had trademarked the word "funny", and that Fox had infringed his intellectual property rights by characterizing him as "unfunny." Franken's then-unreleased book subsequently rose to the #1 sales position on
255:
in April 2003. The filing cited only two sources for those quotes, one of which was a website to which Bill O'Reilly was a contributor, and the other was a website where anyone could contribute. Fox also requested a temporary
339:
This order is without prejudice to the parties' arguments on the preliminary injunction motion. I will consider the issues on the merits as I decide the motion for a preliminary injunction following the argument on Friday.
309:
Though O'Reilly denies it, Franken believes that the commentator goaded Fox News into suing him. In the paperback edition of his book, Franken recalls an incident at the BookExpo where, as O'Reilly and Fox News colleague
297:
was likely to confuse consumers into believing that the book was produced or endorsed by Fox News
Channel. At one point he asked Hanswirth, "Do you think that the reasonable consumer would believe, seeing the word
246:
described as "an eight-inch thick legal filing," the network contended that it had been irreparably harmed by the publicity surrounding
Franken's use of the phrase "fair and balanced" on the preliminary cover of
160:
on the part of other U.S. news outlets. To bolster this perception, Fox used "Fair & Balanced" and "We Report. You Decide." as slogans, and obtained federal trademark registrations for each. Critics such as
235:
105:
38:
327:
Plaintiff Fox News
Network, LLC ("Fox") has moved for a preliminary injunction enjoining defendants from, among other things, using the phrase "Fair and Balanced" in the title of the book,
833:
274:
226:
O'Reilly severed his ties with the program. The two then engaged in a heated confrontation, which culminated in O'Reilly shouting "Shut up! Shut up!" after
Franken interrupted him.
883:
484:(FAIR & BALANCED), registered December 22, 1998, U.S. Patent and Trademark Office Trademark Application and Registration Retrieval (TARR) System. Accessed April 22, 2011.
497:(WE REPORT. YOU DECIDE.), registered May 6, 2003, U.S. Patent and Trademark Office Trademark Application and Registration Retrieval (TARR) System. Accessed April 22, 2011.
252:
204:, which was due for release at about the same time as Franken's. Saying that he felt the need to explain why a fellow panelist's face was on the cover of a book entitled
992:
908:
903:
1077:
684:
318:, O'Reilly said, "I'm gonna sue him! I'm gonna sue him!" A week later, Franken's publisher received a letter from Fox saying they were planning to sue.
1087:
197:
597:
1072:
398:. Franken said that he chose the name to "annoy and bait" O'Reilly into filing another lawsuit. Three months later, Franken changed the name to
857:
125:
1092:
809:
162:
567:
377:, calling it "notoriously misdescriptive." The Institute and Fox settled in 2005, and the TTAB accordingly dismissed the petition
181:, "fair and balanced" became widely used as an ironic euphemism for perceived right-wing media bias on Fox and other media outlets.
149:
234:
On August 7, 2003, Fox News filed for relief in New York State court. On August 14, Franken's publisher removed the action to the
374:
370:
540:
963:
898:
521:
936:
681:
331:, written by defendant Al Franken. The motion was scheduled to be heard by the Court on August 22, 2003 at 3:30 p.m.
742:
412:
that was to be challenged in 2008. Franken served as a U.S. Senator until
January 2, 2018, when he resigned due to
752:
420:
166:
888:
802:
956:
865:
849:
394:
261:
978:
601:
458:
841:
494:
481:
1008:
405:
622:
293:
Dori Ann Hanswirth harshly about her contention that the phrase "fair and balanced" on the cover of
1097:
1051:
944:
930:
795:
556:
Fox News Network, L.L.C. v. Penguin Group (USA), Inc., 2003 WL 23281520 (S.D.N.Y, August 20, 2003).
400:
280:
453:
727:
669:
653:
705:
637:
389:
378:
257:
913:
432:
315:
260:(denied August 20, 2003) to restrain the distribution of the book until their request for a
239:
189:
170:
153:
109:
710:
688:
575:
544:
525:
519:
33 internal FOX editorial memos reviewed by MMFA reveal FOX News Channel's inner workings
1033:
950:
210:
145:
1066:
1028:
1013:
537:
358:
311:
215:
1023:
243:
192:, a trade show for the book publishing industry. The panel included Franken, whose
357:
The most direct result of the suit was a windfall for Franken and his publisher,
507:
The Most Biased Name in News - Fox News Channel's extraordinary right-wing tilt
302:
above Mr. O'Reilly's face, that Mr. O'Reilly or Fox were endorsing this book?"
1018:
893:
818:
780:
Lies, and The Lying Liars Who Tell Them: A Fair and Balanced Look at the Right
413:
289:
269:
219:
157:
134:
130:
116:
113:
87:
518:
329:
Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right
126:
Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right
409:
120:
598:"Salon.com Politics | "They can dish it out, but they can't take it""
506:
971:
366:
188:
broadcast a panel discussion on political books that was taking place at
174:
1083:
United States District Court for the Southern District of New York cases
699:
123:
phrase "fair & balanced" in the title of his then-forthcoming book,
97:
Fox News Network, LLC, v. Penguin Group (USA), Inc., and Alan S. Franken
101:
392:
network. The program's title was a jab at Bill O'Reilly's show, named
49:
Fox News Network LLC v. Penguin Group (USA) Inc. and Alan S. Franken
756:
344:
SO ORDERED. 2003 U.S. Dist. LEXIS 18693; 31 Media L. Rep. 2254 (2003)
185:
156:
in 1996, in part to counter what it contended was systemic left-wing
404:, which he hosted until 2007, when he announced his candidacy for a
272:'s best-seller list from number 489 (his second #1 bestseller after
27:
236:
United States District Court for the Southern District of New York
208:, Franken told a story about O'Reilly's incorrect statements that
196:
was scheduled for release in the autumn, and Fox News personality
106:
United States District Court for the Southern District of New York
39:
United States District Court for the Southern District of New York
623:
http://www.usenet.com/newsgroups/talk.politics.misc/msg02738.html
137:
on August 22, and the network dropped the suit three days later.
178:
791:
384:
In 2004, Franken began hosting a talk show, originally titled
787:
568:"In Courtroom, Laughter at Fox and a Victory for Al Franken"
100:(2003 U.S. Dist. LEXIS 18693; 31 Media L. Rep. 2254) was a
834:
Rush Limbaugh Is a Big Fat Idiot and Other Observations
275:
Rush Limbaugh Is a Big Fat Idiot and Other Observations
778:, from Doubleday Broadway; and Mr. Franken, author of
682:
Business | kgw.com | News for Oregon and SW Washington
214:, a show that he had formerly worked for, had won two
666:
Independent Media Institute v. Fox News Network, LLC
650:
Independent Media Institute v. Fox News Network, LLC
634:
Independent Media Institute v. Fox News Network, LLC
1001:
922:
876:
825:
83:
78:
70:
62:
54:
44:
34:
20:
654:Stipulation Withdrawing Petition Without Prejudice
369:, filed a petition to cancel the trademark in the
74:2003 U.S. Dist. LEXIS 18693; 31 Med. L. Rptr. 2254
753:"Saturday Book and Author Luncheon: Media Talks"
21:Fox News Network LLC v. Penguin Group (USA) Inc.
884:2017–18 United States political sexual scandals
454:"Comedian and Political Commentator Al Franken"
803:
774:, from Random House; Mr. O'Reilly, author of
670:Board's Decision: Dismissal Without Prejudice
8:
772:Bushwacked: Life in George W. Bush's America
701:The First Amendment Project: Fox vs. Franken
810:
796:
788:
709:
17:
288:On August 22, U.S. District Court judge
993:Minnesota Democratic–Farmer–Labor Party
445:
169:have accused Fox of having a pervasive
858:Lies and the Lying Liars Who Tell Them
295:Lies and the Lying Liars Who Tell Them
249:Lies and the Lying Liars Who Tell Them
206:Lies and the Lying Liars Who Tell Them
194:Lies and the Lying Liars Who Tell Them
1078:Fox News criticisms and controversies
7:
419:The case was documented as part of
242:grounds. In what author and editor
184:On May 31, 2003, the cable network
14:
566:Saulny, Susan (August 23, 2003).
200:, who was promoting his own book
1088:United States trademark case law
1047:
1046:
493:U.S. trademark registration no.
480:U.S. trademark registration no.
375:Trademark Trial and Appeal Board
371:U.S. Patent and Trademark Office
278:, which attained the top of the
26:
770:included: Ms. Ivins, author of
1073:2003 in United States case law
899:Student Non-Discrimination Act
528:, Media Matters, July 14, 2004
1:
414:sexual misconduct allegations
253:press correspondents' dinner
1093:20th Century Fox litigation
421:The First Amendment Project
112:, the plaintiff, sought to
1114:
776:Who's Looking Out For You?
202:Who's Looking Out For You?
1042:
909:2014 U.S. Senate election
904:2008 U.S. Senate election
730:Fox News v. Penguin Group
547:, TomPaine.com 08/19/2003
314:were waiting for a hotel
167:Media Matters for America
25:
964:When A Man Loves a Woman
889:Employee Free Choice Act
656:(June 28, 2005 T.T.A.B.)
640:(Dec. 23, 2003 T.T.A.B.)
509:, FAIR, July/August 2001
321:
264:was heard by the court.
218:, when it in fact won a
133:denied Fox's motion for
957:Stuart Saves His Family
672:(July 6, 2005 T.T.A.B.)
967:(1994 film, co-writer)
866:The Truth (with Jokes)
850:Oh, the Things I Know!
346:
262:preliminary injunction
119:from using Fox News's
979:Al Franken: God Spoke
638:Cancellation Petition
459:National Public Radio
325:
406:United States Senate
386:The O'Franken Factor
945:Saturday Night Live
931:The Al Franken Show
462:. September 3, 2003
401:The Al Franken Show
395:The O'Reilly Factor
222:for work conducted
108:on August 7, 2003.
982:(2006 documentary)
894:Medical Loss Ratio
743:AlFrankenWeb.com:
739:Original complaint
687:2007-09-30 at the
572:The New York Times
543:2007-09-27 at the
524:2009-04-23 at the
1060:
1059:
937:Air America Radio
604:on April 21, 2009
390:Air America Radio
379:without prejudice
258:restraining order
171:conservative bias
93:
92:
1105:
1050:
1049:
914:Weinstein effect
877:Political career
812:
805:
798:
789:
784:
766:
764:
738:
736:
714:
713:
697:
691:
679:
673:
668:, No. 92042790,
663:
657:
652:, No. 92042790,
647:
641:
636:, No. 92042790,
631:
625:
620:
614:
613:
611:
609:
600:. Archived from
594:
588:
587:
585:
583:
574:. Archived from
563:
557:
554:
548:
535:
529:
516:
510:
504:
498:
491:
485:
478:
472:
471:
469:
467:
450:
433:Moron in a hurry
322:Judge's decision
240:federal question
190:BookExpo America
154:Fox News Channel
150:News Corporation
110:Fox News Channel
79:Court membership
30:
18:
1113:
1112:
1108:
1107:
1106:
1104:
1103:
1102:
1063:
1062:
1061:
1056:
1038:
997:
918:
872:
821:
816:
762:
760:
751:
734:
726:
723:
718:
717:
698:
694:
689:Wayback Machine
680:
676:
664:
660:
648:
644:
632:
628:
621:
617:
607:
605:
596:
595:
591:
581:
579:
578:on July 4, 2009
565:
564:
560:
555:
551:
545:Wayback Machine
536:
532:
526:Wayback Machine
517:
513:
505:
501:
492:
488:
479:
475:
465:
463:
452:
451:
447:
442:
429:
355:
341:
338:
335:
332:
324:
285:list in 1996).
232:
143:
58:August 22, 2003
12:
11:
5:
1111:
1109:
1101:
1100:
1095:
1090:
1085:
1080:
1075:
1065:
1064:
1058:
1057:
1055:
1054:
1043:
1040:
1039:
1037:
1036:
1034:Leeann Tweeden
1031:
1026:
1021:
1016:
1011:
1005:
1003:
999:
998:
996:
995:
990:
987:Fox v. Franken
983:
975:
968:
960:
953:
951:Stuart Smalley
948:
941:
940:
939:
926:
924:
920:
919:
917:
916:
911:
906:
901:
896:
891:
886:
880:
878:
874:
873:
871:
870:
862:
854:
846:
838:
829:
827:
823:
822:
817:
815:
814:
807:
800:
792:
786:
785:
759:. May 31, 2003
749:
745:Fox v. Franken
740:
722:
721:External links
719:
716:
715:
692:
674:
658:
642:
626:
615:
589:
558:
549:
530:
511:
499:
486:
473:
444:
443:
441:
438:
437:
436:
435:, legal phrase
428:
425:
354:
351:
323:
320:
281:New York Times
231:
228:
216:Peabody Awards
211:Inside Edition
146:Rupert Murdoch
142:
139:
91:
90:
85:
81:
80:
76:
75:
72:
68:
67:
64:
60:
59:
56:
52:
51:
46:
45:Full case name
42:
41:
36:
32:
31:
23:
22:
13:
10:
9:
6:
4:
3:
2:
1110:
1099:
1096:
1094:
1091:
1089:
1086:
1084:
1081:
1079:
1076:
1074:
1071:
1070:
1068:
1053:
1045:
1044:
1041:
1035:
1032:
1030:
1029:Mike McFadden
1027:
1025:
1022:
1020:
1017:
1015:
1014:Amy Klobuchar
1012:
1010:
1007:
1006:
1004:
1000:
994:
991:
989:
988:
984:
981:
980:
976:
974:
973:
969:
966:
965:
961:
959:
958:
954:
952:
949:
947:
946:
942:
938:
935:
934:
933:
932:
928:
927:
925:
921:
915:
912:
910:
907:
905:
902:
900:
897:
895:
892:
890:
887:
885:
882:
881:
879:
875:
868:
867:
863:
860:
859:
855:
852:
851:
847:
844:
843:
839:
836:
835:
831:
830:
828:
824:
820:
813:
808:
806:
801:
799:
794:
793:
790:
783:
781:
777:
773:
758:
754:
750:
748:
746:
741:
733:
731:
725:
724:
720:
712:
707:
703:
702:
696:
693:
690:
686:
683:
678:
675:
671:
667:
662:
659:
655:
651:
646:
643:
639:
635:
630:
627:
624:
619:
616:
608:September 10,
603:
599:
593:
590:
577:
573:
569:
562:
559:
553:
550:
546:
542:
539:
534:
531:
527:
523:
520:
515:
512:
508:
503:
500:
496:
490:
487:
483:
477:
474:
461:
460:
455:
449:
446:
439:
434:
431:
430:
426:
424:
422:
417:
415:
411:
407:
403:
402:
397:
396:
391:
387:
382:
380:
376:
372:
368:
362:
360:
359:Penguin Group
353:After effects
352:
350:
345:
342:
330:
319:
317:
313:
312:Shepard Smith
307:
303:
301:
296:
291:
286:
284:
282:
277:
276:
271:
265:
263:
259:
254:
250:
245:
241:
237:
229:
227:
225:
221:
217:
213:
212:
207:
203:
199:
198:Bill O'Reilly
195:
191:
187:
182:
180:
176:
172:
168:
164:
159:
155:
151:
147:
140:
138:
136:
132:
128:
127:
122:
118:
115:
111:
107:
104:filed in the
103:
102:civil lawsuit
99:
98:
89:
86:
84:Judge sitting
82:
77:
73:
69:
66:1:03-cv-06162
65:
61:
57:
53:
50:
47:
43:
40:
37:
33:
29:
24:
19:
16:
1024:Norm Coleman
986:
985:
977:
970:
962:
955:
943:
929:
864:
856:
848:
840:
832:
826:Bibliography
779:
775:
771:
768:
761:. Retrieved
744:
729:
700:
695:
677:
665:
661:
649:
645:
633:
629:
618:
606:. Retrieved
602:the original
592:
580:. Retrieved
576:the original
571:
561:
552:
538:Fox as Hound
533:
514:
502:
489:
476:
464:. Retrieved
457:
448:
418:
399:
393:
385:
383:
363:
356:
347:
343:
328:
326:
308:
304:
299:
294:
287:
279:
273:
266:
248:
244:Richard Blow
233:
223:
209:
205:
201:
193:
183:
152:had founded
144:
124:
96:
95:
94:
48:
15:
842:Why Not Me?
230:The lawsuit
63:Docket nos.
1098:Al Franken
1067:Categories
1019:Tina Smith
819:Al Franken
747:Transcript
582:October 5,
466:October 5,
440:References
290:Denny Chin
270:Amazon.com
220:Polk Award
173:; on many
141:Background
135:injunction
131:Denny Chin
117:Al Franken
88:Denny Chin
1009:Tom Davis
763:April 24,
495:2,713,413
482:2,213,427
410:Minnesota
388:, on the
175:Web sites
121:trademark
1052:Category
972:LateLine
923:See also
685:Archived
541:Archived
522:Archived
427:See also
408:seat in
367:AlterNet
129:. Judge
71:Citation
316:shuttle
186:C-SPAN2
55:Decided
1002:People
869:(2005)
861:(2003)
853:(2003)
845:(1999)
837:(1996)
757:C-SPAN
708:
114:enjoin
735:(PDF)
224:after
179:blogs
35:Court
765:2015
706:IMDb
610:2009
584:2005
468:2005
177:and
165:and
163:FAIR
158:bias
704:at
373:'s
300:lie
238:on
148:'s
1069::
767:.
755:.
570:.
456:.
423:.
416:.
381:.
811:e
804:t
797:v
737:.
732:"
728:"
612:.
586:.
470:.
283:'
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
