Lies and The Lying Liars Who Tell Them - Publicity

Publicity

See also: Fox v. Franken

Fox News sought damages from Franken, claiming in its lawsuit that the book's subtitle violated its trademark of the slogan "Fair and Balanced". The lawsuit was dismissed, and the attempt backfired on Fox News in that it provided Franken with free publicity just as the book was launched. "The book was originally scheduled to be released Sept. 22 but will be made available Aug. 21," according to its publisher. "We sped up the release because of tremendous demand for the book, generated by recent events."

In the lawsuit, Fox described Franken as "intoxicated or deranged" as well as "shrill and unstable." In response, Franken joked that he had trademarked the word "funny", and that Fox had infringed his intellectual property rights by characterizing him as "unfunny." The publicity resulting from the lawsuit propelled Franken's yet-to-be-released book to #1 on Amazon.com.

On August 22, 2003, U.S. District Judge Denny Chin denied Fox's request for an injunction to block the publication of Franken's book, characterizing the network's claim as "wholly without merit, both factually and legally." During the judge's questioning, spectators in the court's gallery frequently laughed at Fox's case. Franken later joked, "Usually when you say someone was literally laughed out of court, you mean they were figuratively laughed out of court, but Fox was literally laughed out of court." Three days later, Fox filed papers to drop its lawsuit.

Franken describes the legal battle in a paperback-only chapter of Lies entitled "I Win".

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