That's Not Hot
Paris sues, come the fuck on...
LOS ANGELES - Paris Hilton is suing over the use of her picture and catchphrase "That's hot" on a greeting card. Hilton sued Hallmark Cards Inc. in U.S. District Court seeking an injunction and unspecified damages to be determined at trial.
According to the lawsuit filed Thursday, the card is titled "Paris's First Day as a Waitress" and shows a photo of Hilton's face on a cartoon of a waitress serving a plate of food to a patron. In a dialogue bubble she says, "Don't touch that, it's hot." The customer cartoon asks, "What's hot?" She answers, "That's hot."
The suit says Hilton owns the trademark "That's hot," which was registered on Feb. 13, 2007.
The lawsuit claims commercial appropriation of identity, invasion of privacy, misappropriation of publicity, false representation that Hilton endorses the product, and infringement of a federally registered trademark. The damages would be based on profits from the $2.49 cards, said Hilton attorney Brent Blakely.
Hallmark defended the card as parody, which is normally protected under fair-use law.
"Some of Hallmark's new humor greeting cards are parodies of today's most popular celebrities and politicians," said Hallmark spokeswoman Julie O'Dell in an e-mailed statement.
"These cards take a satirical look at news and gossip surrounding these public figures, including Paris Hilton, and we do not believe Hallmark has violated any of Ms. Hilton's rights," she said.
Dirty Bitch
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14 comments:
well, not that i don' tthink that this is entirely stupid... but I think Paris has a point to a point. It is her on the card, and the cards to collect proffit. It is not the same as a newspaper or what have you which is depicting a story which is covered under your constitutional law. She just might win that one.
But i ask, who the hell would buy that?? it's just riddiculous. I thought Hallmark had standards.
Hi Babycakes,
I read all your messages you left me. you're really nice. Thank you. I appreciate. It's kind of difficult lately to blog. I just moved to Berlin from Barcelona, had some holidays, had some personal issues, well all together means leaving messages is no priority. As soon as all fixed, I'll write again. I still don't understand why I just can't answer you directly from the email... Hope you're well. Take care. Z.
ohhh... and by the way : the butt is mine !
Parody is protected, and Hallmark has been making fun of public figures for ages. I doubt Paris will win, but who knows?
so you can't say or write 'thats hot'without getting sued? thats stupid yer fired.
Um, she's suing over a greeting card, but she wouldn't sue Nick Salomon for distributing the sex tape? She's such a fraud. She's like a Cockroach with extensions.
Xmichra, once again...the voice of reason. No, I wouldn't buy that ugly ass card either. haha!
Zeckko, Darlin' it's good to hear from you. Now, get nestled into Berlin and then tell us all about it. I'm excited for you, ya lucky bugger.
You can't email from a comment notification but you can always email me at:
mzbabz@optonline.net
Zeckko, what a lovely derriere darling!
Miz UV, it will be interesting to see if she does win. On one hand, I can understand her image is her image and she should have rights but she patented That's Hot? Then again, "That's stings like a Banshee Bitchslap," is registered to me.I can kinda understand, maybe, a little?
Old Knudsen, please don't fire me, I have my mouth to feed. What will I do, c'mon give me another chance, Da?
Bedazzler, I'd not even thought about that. Fraudelent is a nice word, huh? Word on the street via my personal hairstylist and gay extraordinariness son, that Paris now has her own line of hair extensions called,"Dream Catchers." Oh no, will I be sued for writing that, omg?
Oh Paris. What she needs to be doing is stopping with that mess and coming by my house to pick me up so that we can go somewhere and be glamorous together.
The Junky's Wife, you tow would be fab. BTW, the new saying amongst the gay commune is, "She's a Hot Mess!" That describes me to a T!
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