Paris Hilton charged Hallmark Cards Inc. in U.S. District Court looking for a restriction and indefinite damages to be determined at trial. According to the proceedings filed last Thursday, the card is titled “Paris’s First Day as a Waitress" and shows a picture of Paris Hilton’s face on a cartoon of a waitress serving a platter 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 Paris Hilton owns the trademark “That's hot,” which was registered on Feb. 13, 2007.
The lawsuit declares commercial appropriation of character, invasion of privacy, misappropriation of publicity, false representation that Paris Hilton supports the product, and infringement of a federally registered brand. The damages would be based on profits from the $2.49 cards, said Paris Hilton Attorney Brent Blakely.
Hallmark defended the card as spoof, which is generally 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 testimonial.
“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. Paris Hilton’s rights,” she said.
