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Round One: Franken 1, Fox 0

Fox News was denied a preliminary injunction today that would have required Franken to remove the words "fair and balanced" from his book title.

State Supreme Court judge Denny Chin ruled that the title was a parody with little likelihood of confusing consumers. "This case is wholly without merit both factually and legally," Chin said. A spokesman for Fox said the network is considering its legal options. Floyd Abrams, who represented defendants Franken and Penguin Books, said he may file a motion to dismiss. "This is a complaint that never should have been filed," Abrams said.

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