Federal judge Denny Chin in Manhattan rebuffed Fox News’s request for an injunction to prevent the Penguin Group from releasing humorist Al Franken’s new book with a title mocking the network’s “Fair and Balanced” slogan (see Aug. 12). “There are hard cases and there are easy cases. This is an easy case,” said Judge Chin. “This case is wholly without merit both factually and legally.” “During arguments held before his ruling, Chin asked Fox lawyer Dorie Hansworth if she really believed that the [book’s] cover was confusing. ‘To me, it’s quite ambiguous as to what the message is,’ she said. ‘It’s a deadly serious cover … This is much too subtle to be considered a parody.” The book’s cover is dominated by its title, “Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right”. (Gail Appleson, “Fox Loses Bid to Stop Sale of Franken Book”, Reuters/Yahoo, Aug. 22). Ernest Svenson (Ernie the Attorney) chides Fox not only for the weakness of its substantive trademark position but also for using its complaint as a vehicle for personal attacks on Franken: “the courts aren’t there for litigants who want retribution.” (“A lawyer’s take on Al Franken’s First Round Legal Victory”, Blogcritics, Aug. 22). Eugene Volokh also comments.
Posts Tagged ‘broadcasters’
Fox’s thin pelt
Shrinking the parody exception? “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 a court order forcing Penguin 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 suit says.” The suit claims that Franken displays a “clear” intent “to exploit Fox News’ trademark, confuse the public as to the origins of the book and, accordingly, boost sales of the book”. (“Fox Sues Humorist Al Franken Over Slogan”, AP/Washington Post, Aug. 11). Last month it was reported that lawyers for Fox had sent a cease-and-desist letter to the Austin, Tex. creators of a T-shirt with a message “Faux News: We Distort, You Comply”, parodying the network’s well-known slogan. (Lee Nichols, Austin Chronicle, Jul. 11; AgitProperties website, Jun. 20).
In June radio talk show host Michael Savage, who at the time also had a TV talk show on MSNBC, sued three critics who had been urging advertisers to boycott his show (“Savage sues ‘rats'”, Southern Voice, Jun. 27; defendants SavageStupidity.com and TakeBacktheMedia). Separately, Savage’s producers fell short in an effort to argue that SavageStupidity.com’s domain name was “confusingly similar” to that of Savage’s own website and should be forfeited. (& more on the Fox/Franken case: New York Times, Eugene Volokh, Kevin Drum, Matt Yglesias, and (via InstaPundit) Alex Knapp, Jeff Jarvis)(& letter to the editor, Dec. 6).
Archived media law & free speech items, pre-July 2003
Whatever you do, don’t criticize lawyers — 2003: “The intimidation tactics of Madison County“, Jun. 9 (& updates Jul. 12, Jul. 26). 2002: “‘Ex-jurors file $6 billion suit against ’60 Minutes’“, Dec. 16-17; “Lawyers fret about bad image” (Fla. bar plans to rate and monitor tone of journalists’ coverage), Oct. 3; “Mich. lawyer’s demand: get my case off your website” (“Love Your Neighbor”, M-LAW, Overlawyered.com), Jun. 20 (& letter to the editor, July 6); “Dangers of complaining about lawyers” (Ga. considers easing defamation counter-complaints by lawyers), Mar. 30-Apr. 1. 2000: “Australian roundup” (lawyers sue cabinet minister for suggesting they overcharge and lack ethics), Sept. 6-7; “Target Detroit” (class action lawyers personally sue DaimlerChrysler lawyer, citing his critical remarks regarding them), Jul. 19-20; “Baron’s judge grudge” (lawyer bullies alt-weekly Dallas Observer over expos? March 23. 1999: “Criticizing lawyers proves hazardous” (class-action attorneys sue columnist Bill McClellan for making fun of them), Nov. 4 (updated Nov. 30 (he criticizes them again, though suit is still pending) and Feb. 29, 2000 (they agree to drop suit); “Couple ordered to pay $57,000 for campaign ads criticizing judge“, Oct. 18; “Think I’m too litigious? I’ll sue! (II)” (lawyer sues over being called ambulance chaser), Aug. 16.
Hate speech, hate crime laws, 2002: “British free-speech case“, Dec. 18-19; Letter to the editor, Oct. 23; “Cutting edge of discrimination law” (Huckleberry Finn in schools), Oct. 7-8; “Prominent French author sued for ‘insulting Islam’“, Aug. 23-25 (& Sept. 18-19, Oct. 25-27 (acquitted)); “French ban sought for Fallaci book on Islam“, Jun. 11-12; “Our editor interviewed“, May 29. 2001: “Australia: anti-American tripped up by speech code“, Dec. 21-23; “Compulsory chapel for Minn. lawyers“, Dec. 18; “EU considers plans to outlaw racism“, Dec. 5-6; “U.K. may ban anti-religious speech“, Oct. 19-21; “‘Hate speech’ law invoked against anti-American diatribe” (Canada), Oct. 17-18; “Judge to ‘Sopranos’ suit: fuhgetaboutit“, Sept. 21-23 (& Apr. 6-8); “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3. 2000: “U.S. Department of Justice vs. Columbus Day?“, Oct. 3; “Punitive damages for hatemongering?” (Wash. Post on Aryan Nations case), Sept. 19; “Australia: antibias laws curb speech” (newspaper’s slighting ethnic references), July 11; “Columnist-fest” (John Rocker case), Jan. 18; “Watch your speech in Laguna Beach“, Jan. 13-14. 1999: “Most unsettling thing we’ve heard about Canada in a while” (hate speech laws), Dec. 17-19; “Speech police go after opinion articles, editorial cartoons“, Aug. 28-29; “Hate-crime laws: why they aren’t liberal“, Aug. 9.
Intellectual property, 2003: “He’s gotta have it” (Spike Lee v. Spike TV), Jun. 16-17; “Hiker cuts off use of his name“, Jun. 4-6. 2002: “Macaulay on copyright law“, Oct. 14; “‘Judge Throws Out “Harry Potter” Copyright Suit’“, Oct. 7-8; “How sharper than a serpent’s tooth it is/To have a precociously musical child” (singer James Brown sued by daughters), Sept. 20-22; “Skittish at Kinko’s” (won’t make copies of customer’s own published writing), Jul. 26-28; “Stolen silence?” (John Cage composition), Jul. 19-21; “Law blogs“, Jul. 3-9; “‘Top ten new copyright crimes’” (satire), Jun. 3-4; “‘A fence too far’” (Hollings bill), May 20-21; “ReplayTV copyright fight“, May 6; “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Intel Corp. versus yoga foundation“, Apr. 1-2; “Web speech roundup“, Mar. 25-26; “British Telecom claims to own hyperlinks“, Feb. 13-14 (& Oct. 1-2); “Overlawyered film sets“, Feb. 8-10; “‘”Let’s Roll” Trademark Battle Is On’“, Feb. 4-5 (& Feb. 11-12); “‘Aborigines claim kangaroo copyright’“, Feb. 1-3. 2001: “Radio daze“, Aug. 31-Sept. 2; “Barney’s bluster“, June 25 (& “Welcome Slashdot readers“, July 5); “Mich. lawyer’s demand: get my case off your website” (“Love Your Neighbor”, M-LAW, Overlawyered.com), June 20; “Value of being able to endure parody without calling in lawyers: priceless” (MasterCard), April 25; “Patenting the Web?“, April 3-4; “Scientologists vs. Slashdot“, Mar. 19-20. 2000: “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “‘Dialectizer shut down’“, May 18-21; “More assertions of link liability” (DVD hack), Dec. 31, 1999-Jan. 2, 2000. 1999: “Hey, what is this place, anyway?” (Pez Co. claims right to restrict use of word “Pez”), Oct. 16-17; “Copyright and conscience” (goodbye to “Dysfunctional Family Circus”), Oct. 7 (& see main IP section on tech law page).
Lawsuits intimidate expression, 2003: “McDonald’s sues food critic” (Italy), Jun. 16-17. 2002: “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& May 27, 2002, Oct. 4-6, 2002, Aug. 6, 2001); “Defend yourself in print and we’ll sue” (Nike issue ads), May 3 (& Feb. 13-14); “Web speech roundup“, Mar. 25-26. 2001: “Gary to Gannett: pay up for that investigative reporting“, March 30-April 1; “Scientologists vs. Slashdot“, March 19-20; “‘Persistent suitor’” (criticism of academic journals’ publisher), Feb. 6. 2000: “Hauling commentators to court“, Dec. 1; “Degrees of intimidation” (book on “diploma mills”, Apr. 28-30; “Terminix vs. consumer critic’s website“, Mar. 31-April 2; “Costs of veggie-libel laws“, Mar. 20. 1999: “Feds: dissent on smoking = racketeering“, Sept. 23.
Bans on web content not “accessible” to disabled: see special section on disabled rights page.
Blaming media for violence, 2002: “Updates” (Jenny Jones case), Oct. 25-27; “‘Addictive’ computer game blamed for suicide“, Apr. 3-4 (& letter to the editor, Apr. 11). 2001: “Blame video games, again” (WTC terrorism), Sept. 24; “Put the blame on games” (Columbine), April 24, 2001 (& see March 6, 2002: judge dismisses case); “Judge throws out Hollywood- violence suit” (Oliver Stone, Natural Born Killers), March 13-14. 2000: “Hollywood under fire: nose of the Camel?“, Sept. 19; “‘Violent media is good for kids’“, Sept. 13-14; “Shoot-’em-ups: hand over your files“, June 19; “Judge dismisses suit blaming entertainment business for school shootings“, April 13. 1999: “Down the censorship-by-lawsuit road“, Oct. 12; “‘Bringing art to court’“, Sept. 9; “Censorship via (novel) lawsuit” (media companies sued after school shootings), July 22.
Harassment law: “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001; “EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001; “Harassment-law roundup” (pin-ups, bar owner case), May 4, 2000; “The scarlet %+#?*^)&!“, March 7; “Recommended reading” (Roland White in London Times on chill to office banter), Jan. 25, 2000; “Suppression of conversation vs. improvement of conversation“, Nov. 12, 1999 (excerpts from Joan Kennedy Taylor book); “‘Personally agree with’ harassment policy — or you’re out the door“, Sept. 22; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999; and see separate page on harassment law.
Those dangerous emails: “Cartoonist’s suit over practical joke“, Oct. 26-28, 2001 (& letter to the editor, Nov. 29); “Big fish devour the little?” (listserv defamation, aquatic plants case), Aug. 6, 2001; “Harassment-law roundup” (email-shredding software), Feb. 19-21, 2000; “Emails that ended 20 Times careers“, Feb. 8-9, 2000; “Hold your e-tongue” (emails “can kill you in a courtroom”), Nov. 9, 1999; “Please — there are terminals present” (Bloomberg email system censors bad words), July 30; “‘Destroy privacy expectations’: lawyer” (tell workers their email and hard drives are open to company inspection), July 26, 1999; and see separate page on harassment law.
Web liability issues, 2002: “AVweb capitulates to defamation suit“, Sept. 16-17 (& Sept. 18-19); “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& Oct. 4-6); “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Web speech roundup“, Mar. 25-26; “Columnist-fest” (N.Y. Times v. Tasini), Feb. 11-12; “Web defamation roundup“, Jan. 18-20. 2001: “Words as property: ‘entrepreneur’” (domain name dispute), Nov. 1; “University official vs. web anonymity“, Oct. 30; “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3; “Anonymity takes a D.C. hit” (Italy licenses web publishers), May 21; “Scientologists vs. Slashdot“, March 19-20. 2000: “Yahoo pulls message board“, Oct. 18; “‘Regulating Privacy: At What Cost?’” (Swedish privacy laws), Sept. 20; “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “Dangers of linking“, June 7; “Illegal to talk about drugs?“, May 30; “‘Dialectizer shut down’“, May 18-21; “eBay yanks e-meter auctions” (copyright claim), May 3; “Terminix vs. consumer critic’s website” (metatags), March 31-April 2; “More assertions of link liability” (DVD hack), Dec. 31-Jan. 2. 1999: “Link your way to liability?” (professor sues over “course critique” website), Nov. 15 (& update Oct. 10, 2000); “We ourselves use ‘sue’” (competitors’ names used as metatags), Sept. 25-26; “Don’t link or I’ll sue” (“deep linking” suits), Aug. 13 (& update April 5, 2000: court rules deep linking not violation). Plus: our 404 message; & see data collection, disabled online access issues, and high-tech law generally.
Other media/performance accessibility issues, 2002: “11th Circuit reinstates ‘Millionaire’ lawsuit” (suit against “Millionaire” TV show over telephone-based screening), Jun. 21-23 (& Mar. 24-26, June 12, June 19, Nov. 7, 2000; Nov. 5, 2001). 2001: “‘Panel backs deaf patron’s claim against club’” (interpreter demand at comedy club), March 9-11. 2000: “Seats in all parts” (theaters), Dec. 29, 2000-Jan. 2, 2001; “Movie caption trial begins” (assistive devices aid concert bootleggers), Aug. 1; “Complaint: recreated slave ship not handicap accessible“, July 21-23; “Preferred seating” (theaters), April 25-26; “Newest disabled right: audio TV captioning“, March 22; “‘Deaf group files suit against movie theaters’” (closed captioning demand), Feb. 19-21; “The fine print” (sue Boston Globe for reducing type size?), Feb. 17.
Surveillance: “Collateral damage in Drug War” (identity of book buyer), Apr. 28-30, 2000; “Chat into the microphone, please” (SEC plan to trawl Web), Apr. 11; “The booths have ears” (restaurant conversations spied on in U.K.), Apr. 5; “The bold cosmetologists of law enforcement“, Mar. 29; “Your hairdresser — and informant?“, Mar. 16, 2000; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999.
Defamation, 2003: “Around the blogs” (N.Y. Times brass), Jun. 18-19. 2002: “PetsWarehouse.com defamation suit, cont’d“, May 22-23; “Web speech roundup“, Mar. 25-26; “Web defamation roundup“, Jan. 18-20; “The talk of Laconia“, Jan. 2-3. 2001: “Attorney can sue for being called ‘fixer’“, Dec. 5-6; “University official vs. web anonymity“, Oct. 30; “Disparaging stadium nickname leads to suit“, Jul. 5 (& update Aug. 29-30: company drops suit); “Patenting the Web?” (TechSearch v. Intel defamation suit), Apr. 3-4. 2000: “Toronto coach: Ich kann nicht anders” (had to file defamation suit), Apr. 25-26 (& update May 4, case dropped); “Great moments in defamation law” (armed robber sues own lawyer for mistakenly calling him heroin instead of crack abuser), Apr. 14-16.
Advertising, 2003: “Clear Channel = Deep Pocket” (advertising as nexus of liability in nightclub fire?, Mar. 10-11. 2002: “Lawsuit threats vs. campaign speech“, Oct. 4-6 (& May 18-21, 2000); “Defend yourself in print and we’ll sue” (Nike issue ads), May 3 (& Feb. 13-14); “Norway toy-ad crackdown” (sexism), Apr. 23-24; “‘FTC Taking “Seriously” Request to Probe Firearms Sites’” (unlawful to recommend guns for family security?), Jan. 16-17. 2001: “Radio daze“, Aug. 31-Sept. 2; “Ghost blurber case“, June 12; “Old-hairstyle photo prompts lawsuit“, June 1-3; “Junk-fax bonanza“, March 27 (& March 3-5, 2000, Oct. 22, 1999). 2000: “Web-advertisers’ apocalypse?“, Apr. 20. 1999: “Free expression, with truth in advertising thrown in?” (lawyer’s Jolly Roger flag dispute), Dec. 31; “Feds: dissent on smoking = racketeering“, Sept. 23, 1999 (and see lawyers’ advertising page).
TV, 2003: “He’s gotta have it” (Spike Lee v. Spike TV), Jun. 16-17; “Jailhouse rock” (VH1), Mar. 10-11; “‘Jack Ass blasts “Jackass”‘“, Jan. 3-6. 2002: “Updates” (Jenny Jones case), Oct. 25-27; “‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21; “Lawsuit threats vs. campaign speech“, Oct. 4-6; “11th Circuit reinstates ‘Millionaire’ lawsuit” (suit over show’s telephone-based screening), Jun. 21-23 (& Mar. 24-26, June 12, June 19, Nov. 7, 2000; Nov. 5, 2001); “Soap star: ABC wrote my character out of the show“, Apr. 10. 2001: “Suing ‘The Sopranos’“, Apr. 6-8 (& Jul. 12-14, 2002: case dropped); “‘Survivor’ contestant sues“, Feb. 7-8. 2000: “Behind ‘Boston Public’“, Nov. 21; “Palm Beach County ‘Under Control’” (suit against network for erroneous election-eve projection), Nov. 16; “Why the bad guys can’t stand John Stossel“, Aug. 18-20; “Won’t pay for set repairs” (Orkin ad leads viewers to throw objects at their TVs), May 30; “Thomas the Tank Engine, derailed” (show’s email contact with young fans), May 25; “Sock puppet lawsuit” (“Late Show with Conan O’Brien” writer), Apr. 27; “Who wants to sue for a million?” (suit against game show for lack of disabled access), Mar. 24-26 (& update Jun. 12); “Newest disabled right: audio TV captioning“, Mar. 22; “Letterman sign suit“, Mar. 17-19. 1999: “The fateful T-shirt” (Leno show giveaway suit), Dec. 7.
| “A judge bans a book” (incitement to tax evasion), Jun. 18-19, 2003. “Hiker cuts off use of his name“, Jun. 4-6, 2003. “Start that movie on time, or else“, Feb. 20, 2003 (& Jan. 10). “Fair housing law vs. free speech“, Jan. 31-Feb. 2, 2003. “Campaign regulation vs. free speech“, May 18-21, 2000 (& Oct. 4-6, 2002). “‘Greek net cafes face ruin’” (ban on computer games), Sept. 23, 2002. “Penthouse sued on behalf of disappointed Kournikova-oglers“, Jun. 3-4, 2002. “Privacy claim by Bourbon Street celebrant“, Sept. 28-30, 2001 (& Mar. 6, 2002, Apr. 15, 2002). “Radio daze” (Clear Channel hardball), Aug. 31-Sept. 2, 2001. “The document-shredding facility at Pooh Corner” (Disney dispute with rights holders), Aug. 24-26, 2001. “‘Internet Usage Records Accessible Under FOI Laws’” (schools case), Nov. 14, 2000. “Collateral damage in Drug War” (customer records of Denver’s Tattered Cover bookstore subpoenaed), April 28-30, 2000 (update, Oct. 27-29: judge orders records handed over); “‘Power lawyers may sue for reparations’” (sue textbook makers over representation of blacks?), Oct. 25, 2000; “Baleful blurbs” (book publishers sued over errors in cover copy), Nov. 16, 1999. “Illegal to talk about drugs?“, May 30, 2000. “Dusting ’em off” (laws against profanity in public), May 18-21, 2000. “Thought for the day” (Posner on censorship), April 25-26, 2000. “Verdict on Consumer Reports: false, but not damaging“, April 10, 2000; “Costly state of higher awareness” (libel suit, author Deepak Chopra), March 9, 2000. “Mormon actress sues over profanity” (says Univ. of Utah theater dept. insisted she utter foul language in scripts), Jan. 24, 2000. “FCC as Don Corleone“, Oct. 5-6, 1999. “The shame of the ACLU” (Aguilar v. Avis: ACLU intervenes on anti- free-speech side), Sept. 7, 1999. “Weekend reading” (tabloid law), Aug. 7-8, 1999. |
|
Articles by Overlawyered.com editor Walter Olson: “The Law on Trial“, Wall Street Journal, October 14, 1997 (review of Beyond all Reason by Daniel Farber and Suzanna Sherry). “Shut Up, They Explained” (“zero-tolerance” harassment policies), Reason, June 1997. “Judge Dread” (on Robert Bork, Slouching Toward Gomorrah), Reason, April 1997. |