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'Fair and Balanced' case is 'without merit'

By John M. Higgins -- Broadcasting & Cable, 8/22/2003 1:23:00 PM

Fox News Channel lost the first round in its attempt to block publication of Al Franken’s new book, which uses Fox News slogan "Fair and Balanced" in the title.

A federal judge Friday denied Fox News’ request for an injunction against humorist Franken’s new book, Lies and the Lying Liars Who Tell Them, which is subtitled A Fair and Balanced Look at the Right.

Fox News has trademarked the phrase "fair and balanced," and it claimed that some readers could be confused that Fox News was backing the book.

But U.S. District Judge Denny Chin said Fox News' claim was "without merit, both factually and legally."

Asked if Fox News planned to continue to pursue the case, a spokeswoman said only, "We respect the judge's decision. We're evaluating our options."

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