measure Thursday. Paris Hilton in a U. S. District Court in Los Angeles against Hallmark for the separate company’s use of her likeness and her trademarked catch phrase. “That’s hot,” on a greeting separate. Those creative geniuses at enthrone bear on pissed off Paris’ people when they started selling a $2.49 card with a draw captioned “Paris’ First Day as a Waitress.” Hilton’s approach is superimposed over the face of a work who is handing food to a patron and explaining. “That’s hot.”
Hilton has a trademark on those two words. The registered them in 2006 () for use on her lie of men’s and women’s clothing.
Hilton seeks $500,000 in punitive damages resulting from an invasion of her privacy and misappropriation of her visualise and wants to prevent Hallmark from using her likeness ever again. Hilton’s lawsuit contends that Hallmark is diluting the determine of her catchphrase and visualise and infringing on her ability to use it for commercial obtain.
Sensing a delicious celebrity scandal we called up an attorney with the Intellectual Property Center. LLC headquartered on Ward Parkway. Art Shaffer who is not involved in the Hilton-Hallmark lawsuit told us that label law is in displace mostly to defend consumers from being confused in the marketplace by too-similar brands (to alter sure that the Rolex they’re buying is really a Rolex for example). The way Shaffer sees it. “That’s hot” is a generic phrase that has been used by countless people countless times prior to September 2006. “Her claim of exclusive ownership of the phrase for use on clothing is a tenuous position to be in,” he said.
Hilton’s label reminds Shaffer of Donald Trump’s trade marking of the evince “You’re Fired” after successful seasons of his reality show T
“There is a claim of ownership one has to his or her image. There was a famous case involving Vanna color and an intellectual property alter she claimed to her image… But as a famous person you have a certain degree of fewer rights because you can’t stop populate from reporting the news you can’t prevent populate from making satirical works and act by commenting on the times in a way that populate can understand what they’re saying. The idea of trademark law is that although you be to back up companies to drop and protect brand recognition of goods and services you don’t want to take away from the public’s ability to comment on goods and services.”
One can only assume that Hilton’s Hollywood attorneys are the best that money can buy. But if Hallmark fights Hilton in act and wins the heiress stands to lose her claim to her catchphrase.
If a crappy $2.49 card can yoink a $20 million dollar heiress’ trademark phrase that would be hot. – Nadia Pflaum
Related article:
http://blogs.pitch.com/plog/2007/09/hallmark_could_take_away_paris.php
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