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We are writing to solicit your help in a submission we'll be making to the court in Fox News Network v. Franken. Fox News Network, as you've probably heard, claims that Mr. Franken and his publisher Dutton have infringed its trademark by using "fair and balanced" in the subtitle of Mr. Franken's upcoming book. Fox is seeking the extraordinary remedy of blocking publication of the work.
The Authors Guild is compiling a list of works that might have faced legal action under this bizarre interpretation of trademark law. Entries on our short list so far include "Breakfast of Champions," by Kurt Vonnegut and "The Lexus and the Olive Tree," by Thomas L. Friedman, among a handful of others. We intend to include this list in our submission to the court.
Here's where you come in. We've created a web page to collect the names of other books that might be (or might have been) subject to challenge on trademark grounds if Fox were to prevail. To see the list, and to add your own suggestions, go to:
http://members.authorsguild.net/trademark/disc.htm
and click the link near the bottom of the page. As we point out on the web page, the case is unavoidably political, pitting a liberal author against a conservative network. The Guild takes no side in the underlying politics of the issue. "The Guild's politics are purely writers' politics," says Authors Guild president Nick Taylor. "We care that trademark law is being used as a blunt instrument in an attempt to silence an author's expression." Thanks for any suggestions.
------------------------------------------------------------ Authors Guild Statement Issued Tuesday August 12, 2003. Fox News Network has sued Al Franken in state court in Manhattan to block the publication of his upcoming book, "Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right" (Penguin). Fox claims the subtitle infringes their trademark on the words "fair and balanced." The Authors Guild issued the following statement from board member James Gleick regarding the lawsuit: "Fox News' attempt to use trademark laws to silence criticism is deplorable," said Mr. Gleick. "Book authors and publishers, television journalists and networks all depend on First Amendment protections to pursue their craft. News organizations, which willingly enter the rough-and-tumble of public debate, must accept the possibility of drawing sharp criticism as part of the bargain." "If Fox disagrees with Mr. Franken's position, it has ample access through its affiliated companies to respond in a manner that respects our joint need for vigorous, open debate. That way, the various positions can be heard, and people can decide."