Franken 1, Fox 0

Fox lost it's bid today to obtain a preliminary injunction against the release of Al Franken's new book, "Lies and the Lying Liars who Tell Them: A Fair and Balanced Look at the Right." Part of Fox's contention had been that, since there was a picture of Bill O'Reilly on the cover and the subtitle was one of Fox's trademarked slogans, consumers might be confused and think that the book was somehow affiliated with Fox News or endorsed by them.

[US District Judge Denny] Chin appeared skeptical of her argument, interrupting her to say, "The president and vice president are also on the cover, are they not? Is someone going to think they're also affiliated with Fox?"

So, Franken's book can go ahead and be sold. Apparently, because of the additional publicity the suit generated, Franken's publisher has ordered an extra 50,000 copies for the first run and moved the release date up by several weeks.