brian flemming
Brian Flemming's Weblog

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the god who wasn't there
My most recent film, The God Who Wasn't There, is available on DVD at the official site and elsewhere.

the god who wasn't there
Bat Boy: The Musical is currently being staged in productions of various sizes around the world. A movie adaptation directed by John Landis is in development, with no casting announced or shooting date set.

danielle
My next feature film, Danielle, remains in development.

nothing so strange
Bill Gates is still dead.




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THIS ENTRY:
Siva Vaidhyanathan, one of the top minds in intellectual-property law, talks to Eric Alterman about Fox's lawsuit against Al Franken for using the term "fair and balanced" in the subtitle of his book: Eric, U.S. trademark law is so kooky...


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August 13, 2003

Fair and balanced, my ass

Siva Vaidhyanathan, one of the top minds in intellectual-property law, talks to Eric Alterman about Fox's lawsuit against Al Franken for using the term "fair and balanced" in the subtitle of his book:

Eric, U.S. trademark law is so kooky since Clinton sold that office to the highest bidders that Fox might just prevail in protecting common terms like "fair and balanced." However, the mark was issued USTPO registration # 2213427 and itís registered for "entertainment services in the nature of production and distribution of television news programs."

So Franken has a narrow defense. However, a much funnier defense would be that trademarks may be challenged for if is being used "to misrepresent the source of the goods or services." So if Franken (using your book, of course) can show that Fox news is NOT "fair and balanced," he can prevail.

I am not a praying man, but if I were I would pray that Al Franken and his publisher choose this defense. Imagine the headline: "Jury Decides Fox News Channel Not 'Fair and Balanced.'" How could it go any other way?








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