Al Franken has defeated Fox News in their suit against him. It was predictable that he would, but if I were Fox's attorney I'd say that the suit had accomplished its purpose of defending its trademark claim. If they hadn't, it might be harder to defend it later on. It's a silly quirk in trademark law, and results in a lot of unnecessary litigation, but it's the law. "Fair and balanced" is a common phrase, and Franken was using it in a way that I would say was fair use, to parody or criticize Fox News. Of course, Franken's book is a hit with the Michael Moore crowd, but having purchased his last book heckling Rush Limbaugh, I won't get fooled again. (Oops! I hope The Who don't see this.)