The book's subtitle used the phrase "fair and balanced" popularized by the [[Fox News Channel]]. In response, Fox News sued Al Franken before the release date, claiming that the book's subtitle violated its trademark of the slogan.<ref>[http://www.wnd.com/news/article.asp?ARTICLE_ID=34035 Fox News sues Al Franken, publisher]</ref> Franken has stated that this was an attempt to "prevent the publication" of the book,<ref>" ... the Fox News Channel, a news organization, tried to prevent the publication of [my] book." [http://www.frankenlies.com/lies/cspanlie.htm]</ref> a statement that was false. The lawsuit was dismissed, and provided Franken with free publicity just as the book was launched. The book was originally scheduled to be released on Sept. 22 but the date was pushed forward to Aug. 21 and 50,000 extra copies were printed because of pre-release publicity.<ref name=Laughter>[http://www.nytimes.com/2003/08/23/nyregion/23FRAN.html?ex=1376971200&en=221c949c94e93f90&ei=5007&partner=USERLAND In Courtroom, Laughter at Fox and a Victory for Al Franken]</ref> According to the publisher, "We sped up the release because of tremendous demand for the book, generated by recent events."
While it was understood that Franken intentionally went after Fox much as he did with trying to first call his show "The O'Franken Factor",{{weasel words}} proving trademark infringement in court is another thing. The judge ruled it was satire protected by the First Amendment and the lawsuit was dismissed.
Franken describes his side of the legal battle in a paperback-only chapter of ''Lies'' entitled "I Win".