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Fair and balanced - trademark suit

Posted by ESC on August 12, 2003

Can a common phrase be registered as a trademark?

Fox sues Franken over 'fair and balanced'
Tuesday, August 12, 2003 Posted: 1:30 PM EDT (1730 GMT)
NEW YORK (AP) -- Fox News Channel has sued liberal humorist Al Franken and the Penguin Group to stop them from using the phrase "fair and balanced" in the title of his upcoming book.

Filed Monday in Manhattan, the trademark infringement lawsuit seeks to force a Penguin publisher, Dutton books, to rename the book, "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right." It also asks for unspecified damages.

Fox News registered "Fair & Balanced" as a trademark in 1995, the lawsuit said.

(The rest of the story at CNN -- http://www.cnn.com/2003/SHOWBIZ/books/08/12/foxnews.lawsuit.ap/index.html )