Tribune Co. Files Trademark Infringement Suit Against Fox News Channel

If you live in Chicago, you have probably noticed the RedEye newspaper with its signature big headlines and columns on current pop culture. Covering all things from news to sports to gossip, the RedEye is distributed for free all throughout Chicago. Tribune Co. launched the RedEye in 2002, and has spent nearly $4 million to date to promote the brand for the paper that has seen its weekday circulation reach 150,000. Tribune Co. also acquired trademarks on the RedEye name and its logo for use with a general circulation newspaper. In addition, the RedEye brand has an internet presence and appears on Tribune Co.'s CLTV cable channel.

News Corp.'s Fox News Channel is a well-known TV channel that boasts a successful lineup of TV shows covering business and politics, including The O'Reilly Factor and Hannity and Colmes. On February 6 of this year, Fox News launched a new late-night show to be hosted by Greg Gutfeld called "Red Eye." Soon after the premiere of the new show, Tribune Co. filed a federal trademark infringement suit against Fox News.

Prior to launching "Red Eye", Fox News declined Tribune Co.’s request to change the name of its show, and Tribune Co. was unable to get a temporary restraining order. Tribune Co. subsequently filed the suit, claiming that viewers would associate its RedEye newspaper with the Fox show, thereby causing confusion. Tribune Co. also seeks damages, alleging that its paper and Fox's show cover nearly identical content.

Currently, Tribune Co. only holds RedEye trademarks for use with a general circulation newspaper, which does not extend to the internet or television news. It was not until the day after "Red Eye" was launched that Tribune Co. filed RedEye trademark applications to extend the mark to providing news by means of a global computer network and cable television. A further search on existing "RedEye" trademarks reveals use of the mark on tools, production facilities for audio recordings, phonograph records, and newspaper cartoons.

Tribune Co.'s complaint alleges that Fox News never bothered to check existing use of the RedEye mark. In addition, Fox News appears to be approaching the pending lawsuit without blinking an eye, as the website for the show clearly references the show as "Fox News Red Eye w/ Greg Gutfeld."