Was Hallmark Wrong to Steal 'That's Hot' From Paris Hilton?
SodaHead Celebs 2010/09/27 19:00:00
Celebrity heiress Paris Hilton finally has something to celebrate. A publicity rights lawsuit filed against Hallmark in 2007 was finally settled, and she's walking away with an undisclosed amount of money.
The suit revolved around a Hallmark greeting card that used Hilton's likeness and her catchphrase, "That's hot." It also appeared to have been poking fun at her reality show "The Simple Life."
Hilton originally requesting $500,000 for what she claimed was a violation of her publicity rights, but the final settlement will remain a secret.
Hallmark fought hard to defend the greeting card, invoking the First Amendment and claiming that its use of her phrase was transformative, meaning it "[transforms] a particular article into a different state or thing," according to U.S. patent law.
After nearly three years in court, the judge finally overruled Hallmark's defense and granted Hilton a settlement. The settlement may be the only good news Hilton has had in the past few weeks -- she was recently denied entry into Japan because of her guilty plea for cocaine possession.
Hallmark must be kicking itself right now. All that, and the card wasn't even that funny.
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