This stuff is great!

THE COURT: Let me ask you about that: Mr. O’Reilly uses in his book “the good, the bad and the completely ridiculous.” Is that not a play on “The Good, the Bad and the Ugly”?

MS. HANSWIRTH: I don’t know.

THE COURT: You don’t know whether that’s a play on “The Good, the Bad and the Ugly.”

MS. HANSWIRTH: I don’t know.

THE COURT: Well, assume that it is. Is that not a play on a trademarked phrase?

MS. HANSWIRTH: That’s a title of a movie.

THE COURT: Yes. And I assume there’s some kind of protection for the title of the movie “The Good, the Bad and the Ugly.”

MS. HANSWIRTH: Your Honor, there generally –

THE COURT: I think that I have in some of the papers, it might have been the amicus brief, a representation that the phrase “the good, the bad and the ugly” is a trademarked phrase.

MS. HANSWIRTH: I don’t know that that’s the case. And I don’t know –

THE COURT: Well, I mean, isn’t Mr. O’Reilly doing exactly the same thing using a trademarked phrase in the title of his book? The good, the bad –

MS. HANSWIRTH: He’s not doing it to confuse. He’s certainly not using it to sell the product.