I almost forgot that today is Fair and Balanced Day. This, of course, is a day for bloggers to reaffirm their committment to fair and balanced commentary. One story drawing much fair and balanced attention is the lawsuit filed by Fox News against Al Franken for his fair and balanced use of a common phrase, which Fox claims have trademarked, in his upcoming book.
Needless to say, Franken must be regretting his undoubtedly fair and balanced choice of title, since soon after news of the lawsuit broke his Amazon sales rank shot from the neighborhood of 800 to the top ten.
However, trademarks can be challenged if they are being used to “misrepresent the source of the goods and services”. Perhaps if Franken can offer a fair and balanced argument as to why Fox’s trademark is neither a fair nor balanced representation of Fox News Channel, this case will come to a fair and balanced conclusion.