Friday | August 22, 2003
Franken wins, Fox is mocked
That didn't take long.
A federal judge on Friday slammed Fox News' trademark infringement lawsuit against Al Franken and his publisher Penguin Group and refused to stop the sale of the liberal satirist's new book that pokes fun at the network and host Bill O'Reilly.This isn't over, btw. This hearing was simply to slap a temporary injunction on the sale of the book. Fox can still choose to litigate the case on its merits, though the judge's decision pretty much makes that unlikely. And Penguin's lawyers can still go after Fox for a frivolous lawsuit and recover attorney fees (which would be lots of fun).
Interestingly enough, Penguin had Floyd Abrams on the case, the premier First Amendment lawyer in the land. Fox, on the other hand, was apparently represented by a lawyer with the intellect of a chimp:
During arguments held before his ruling, Chin asked Fox lawyer Dorie Hansworth if she really believed that the cover was confusing.Luckily for Ms. Dorie Hansworth, Abrams and the judge were there to hold her hand and helpfully explain to her what the cover meant:
Floyd Abrams, a lawyer representing Penguin and Franken, strongly disagreed.Franken needs to send Fox a big 'thank you' card. No way he could've bought this kind of publicity. I'm sure he's praying for Fox to continue the case.
Posted August 22, 2003 05:46 PM | Comments (68)