Wow, a federal judge actually tossed out a stupid lawsuit. He must have been appointed by a Republican.

Jamie,

I expect plenty of people will accuse that judge of being liberally biased for ruling in favor of a liberal comedian against a conservative network. Just watch.

I think you are probably right. Many people will claim that.

And it will be totally bogus. This was a 1st Amendment issue, pure and simple. Franken can name his book anything he wants as long as it is not a trademark violation. This was nowhere close.

I just chalk this up as yet another reason why I wish Bill O'Reiley would be struck dumb and deaf.

Michael,

I'm sure you are right. My comment was posted with tongue firmly in cheek. Although I am interested in learning who appointed this judge of clear thought.

This was one of the sillier suits filed. It seems the only sure result is to increase sales of the book. It even occurred to me that maybe Mr. Franken was paying for the fees to file the suit.

IANAL but my understanding is that the nature of trademark law practically requires one to bring meritless suits in order to retain trademark rights. If you have a trademark, and you don't lose a few suits, then perhaps you aren't being aggessive enough. Undefended trademarks are considered abandonned.

Is this what was going on? Doubt it. This looks like a stupid ego thing. Backfired, too: lots of free publicity for Al Franken.

I thought conservatives were supposed to be against frivolous lawsuits?

Conservatives are against frivolous lawsuits.

That is why I have been saying since this went public that Fox deserved to lose, was stupid for ever filing this and that my dislike for Bill "Inside Edition" O'Reiley has intensified by a factor of 53.28.

I don't remember where I first saw this point raised, probably a comment on Jeff Jarvis' site, but this was the media buy bargain of the year. Fox got their name and tagline mentioned everywhere, repeatedly, in primetime, even on their competitors channels, spoken by their competitors anchors.

Of course it was a frivolous lawsuit, but that level of publicity just can't be bought.

It is possible that the lawsuit decision was just stupidity, but I doubt it.

The lawsuit makes Fox look idiotic. No. Scratch that. The lawsuit makes Fox idiotic.

I don't know that this publicity actually helped.

1. Chin was a Clinton appointee.

2. Jarvis is full of it on this one. Not only did Fox look stupid, perhaps disproving the old adage that there's no such thing as bad publicity, but the judge's ruling left open the strong possibility that Franken can recover his attorney fees under the Lanham Act, and possibly countersue for malicious prosecution.

Oops, that should be Clinton nominee...it's not like he's Daniel Pipes.

I have my own special take on this over on my site.