Hallmark Doesn't Think Paris Hilton's Lawsuit Is So 'Hot'

Access Hollywood - November 9, 2007 1:24 PM PST

LOS ANGELES, Calif. (November 9, 2007) - Hallmark has sent a special greeting to Paris Hilton, in the form of a motion to dismiss a lawsuit filed by the heiress against the greeting card company.

Finding a card with a skinny, cartoon blonde with a photo of her face over it, and the phrase "That's Hot," apparently wasn't a Hallmark moment for Paris, as she filed suit against the company in September, alleging commercial appropriation of her identity, invasion of privacy, misappropriation of publicity and false designation of origin under the Lanham Act.

[ Paris Hilton - View the gallery ]

However in their motion to dismiss, Hallmark claims, "Hilton has become a household name, based in large part on her efforts to draw attention to herself. Having done so, she has subjected herself to public scrutiny and the parodist's pen. The First Amendment does not allow her to respond by welcoming the fawning and flattering, but silencing the critical and comical."

In September, Paris sued asking for damages of no less than $100,000 for each of her claims in the suit and Hallmark's profits on the card (which retailed for $2.49).

[ Video: Access Archives - Paris Hilton - Watch the Video ]

[ Paris Goes Free! - View the gallery ]

Her lawsuit claimed "a photograph of Ms. Hilton's face is superimposed over a cartoon of a waitress serving food to a patron, along with the dialogue: 'Don't touch that, it's hot. What's hot? That's Hot.'"

The suit says Hilton owns the trademark "That's hot," which was registered in February 2007.

Hallmark defended the card, saying, "there is no likelihood that Hallmark's use of the words 'that's hot' in a parody greeting card would confuse consumers into believing that the greeting card is sponsored by or affiliated with Hilton."

Additionally, Hallmark's motion to dismiss states that, "Hilton apparently believes that she can control not only how she is commented upon, but who can say the words 'that's hot.' The law, however, does not allow Hilton to quash such a portrayal, nor does it grant her the power to stop others from using her purported catchphrase to poke fun at her."

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comments 1-10 of 105  |< newest · < newer · older > · oldest >|  hide comments · post a comment
  • Dont you all have something better to do than hate on Paris, Brit and Lindsay. You all most likely do the same thing except your ugly, not rich and not famous. You guys dont know %@!*# about them but what you read in the magazines and watch on TV. you dont know anyting about their personnal lives. Its so low how you can bash people that you dont even know. Your out of high school. Grow the %@!*# up!
    report abuseposted November 15, 2007 5:54 PM PST
  • __A_YAHOO_USER__
    wow! she is out of control!!!! she thinks that she can buy friggin phrases! "I'm so rich , im gonna by these words so no one else can use them" Ridiculous!
    report abuseposted November 15, 2007 8:31 AM PST
  • Sara S
    Wow anything to the attention!! She really needes to get over herself! Nothing worse than a spoiled rich,stuck-up rich brat.
    report abuseposted November 15, 2007 7:53 AM PST
  • B R
    lol, she is famous cause she 'wants' to be famous, isn't it great when people get what they want... I'm happy for her.
    report abuseposted November 15, 2007 7:39 AM PST
  • op
    People should be paying more attention to your gov. rather than Paris Hilton.
    report abuseposted November 15, 2007 7:26 AM PST
  • Dreamwynd35
    what is about that woman..other than money is even worth knowing her...It would realy be nice if people would quit pointing a camera her way. Of course then she would do something over the top to get back her attention...maybe this time they will actually put her in a REAL jail to do real time with other inmates instead of escaping to the hospital. Why is she any better than the rest of us ?
    report abuseposted November 15, 2007 6:43 AM PST
  • If she had not been born into such a rich family her antics would not draw so much attention. The ONLY reason she gets the attention that she does is because of her money. If she was broke all her crazy stunts would get her is her ass kicked. It seems like it would suck to be so hated whether you had money or not.
    report abuseposted November 15, 2007 6:25 AM PST
  • Steve
    when paris is out of sight......that will be hot Go to school, learn somthing People are laughing at you Paris not with you
    report abuseposted November 15, 2007 6:24 AM PST
  • Cass B
    if my daughters acted like her i'd be mortified at what an awful parent i must have been to produce such idiocy...as it is ..i check to make sure HILTON is NOT in/under the name of any Hotel/Motel i stay at...vote against her anticks with your $$ people
    report abuseposted November 15, 2007 6:02 AM PST
  • Dan
    Paris trademarking "That's HOT!" is no different than Donald Trump (back when the American public CARED about "The Apprentice") trying to copyright/trademark "You're FIRED!"; as I understand it, he was unsuccessful in this pursuit because of fears that various companies' Human Resources departments/corporate managers would have to pay Donnie "Combover" Trump everytime they terminated someone!!!!
    report abuseposted November 15, 2007 5:45 AM PST
comments 1-10 of 105  |< newest · < newer · older > · oldest >| 

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