"In response, the judge pointed out that one of O'Reilly's own books is titled "The O'Reilly Factor: The Good, the Bad, and the Completely Ridiculous in American Life." "Is that not a play on "The Good, The Bad and the Ugly?'" Chin asked, noting that the movie title is also trademarked.
"I don't know," replied Hanswirth.
"You don't know?" asked the judge.
"I don't know," she repeated, before arguing, once again, that Franken is "intending to use the trademark to sell the product."
Hanswirth went on to argue that Franken has diluted Fox's trademark by using it "to ridicule Fox's No. 1 talent, Mr. O'Reilly." She then suggested that, because Coulter is on the cover, "somebody looking at this could determine Ms. Coulter has some kind of official relationship with Fox."
"The President and Vice President are also on the cover, are they not?" asked Chin. "Are consumers likely to believe they are associated with Fox News?""
http://www.salon.com/news/feature/2003/08/23/franken_fox/print.html
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