Actually, having watched Fox News quite a bit, and listened to talk radio, they've made quite an effort to establish "Fair and Ballanced" as a trademark and for brand recognition. I'm not sure I like the laws that say such a phrase can be a trademark, but since it can, Fox News has basically no choice but to sue.
They won't win the suit, and they know it. The book is satire, and satire is given special treatment under trademark law. But if they don't defend the trademark, then the next upstart can use the phrase, and they've got very little leg to stand on left because they let this go unchallenged. (for a trademark to be enforcable, it must be challenged in all cases of infringement, not selectively)
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timeasmymeasure
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Date: 2003-08-12 11:25 am (UTC)They won't win the suit, and they know it. The book is satire, and satire is given special treatment under trademark law. But if they don't defend the trademark, then the next upstart can use the phrase, and they've got very little leg to stand on left because they let this go unchallenged. (for a trademark to be enforcable, it must be challenged in all cases of infringement, not selectively)