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#161866 09/08/07 06:54 PM
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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.

Photos: Paris Hilton

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.

http://tv.msn.com/movies/article.aspx?news=274787&GT1=7703

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I had no clue that 2 words in the English language could be trademarked.

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That's ridiculous. I don't know who's stupider: Paris or her lawyer because I'm sure as hell she couldn't explain what's going on.

"Yeah, we like took it to like this judge and like we said like Hallmark is stupid like and like we might be able to get like money or something..."


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She has to get money somewhere now that her grandpa cut her off.

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Why do you claim it's Paris that is being greedy? After all, Hallmark Cards is the one that is using her image in attempt to make a buck without compensation. Even if she has no chance to win this lawsuit, I believe she's right in dragging Hallmark into court to defend itself - and at the same time at least she gets publicity.

gone #161870 09/08/07 08:55 PM
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Quote:

Why do you claim it's Paris that is being greedy? After all, Hallmark Cards is the one that is using her image in attempt to make a buck without compensation. Even if she has no chance to win this lawsuit, I believe she's right in dragging Hallmark into court to defend itself - and at the same time at least she gets publicity.




Well...uhhh...she already has enough money and she is just trying to get more.

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Well...uhhh...she already has enough money and she is just trying to get more.




And so Hallmark's intention is?

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Quote:

Quote:

Why do you claim it's Paris that is being greedy? After all, Hallmark Cards is the one that is using her image in attempt to make a buck without compensation. Even if she has no chance to win this lawsuit, I believe she's right in dragging Hallmark into court to defend itself - and at the same time at least she gets publicity.




Well...uhhh...she already has enough money and she is just trying to get more.




That is a lame reason. Reckon is right. Hallmark shouldn't use her name or "phrase" without permission. It's as simple as that.




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That's hot.


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KashDawg #161874 09/09/07 08:44 AM
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Quote:

Quote:

Quote:

Why do you claim it's Paris that is being greedy? After all, Hallmark Cards is the one that is using her image in attempt to make a buck without compensation. Even if she has no chance to win this lawsuit, I believe she's right in dragging Hallmark into court to defend itself - and at the same time at least she gets publicity.




Well...uhhh...she already has enough money and she is just trying to get more.




That is a lame reason. Reckon is right. Hallmark shouldn't use her name or "phrase" without permission. It's as simple as that.




Her name? no... but her phrase?? give me a break... I don't think she owns "that's hot"


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KashDawg #161875 09/09/07 08:47 AM
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Quote:

Quote:

Quote:

Why do you claim it's Paris that is being greedy? After all, Hallmark Cards is the one that is using her image in attempt to make a buck without compensation. Even if she has no chance to win this lawsuit, I believe she's right in dragging Hallmark into court to defend itself - and at the same time at least she gets publicity.




Well...uhhh...she already has enough money and she is just trying to get more.





That is a lame reason. Reckon is right. Hallmark shouldn't use her name or "phrase" without permission. It's as simple as that.





Her name and image, I can understand. They should need permission. But a phrase?


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jaybird #161876 09/09/07 09:01 AM
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Quote:

Quote:

Quote:

Quote:

Why do you claim it's Paris that is being greedy? After all, Hallmark Cards is the one that is using her image in attempt to make a buck without compensation. Even if she has no chance to win this lawsuit, I believe she's right in dragging Hallmark into court to defend itself - and at the same time at least she gets publicity.




Well...uhhh...she already has enough money and she is just trying to get more.




That is a lame reason. Reckon is right. Hallmark shouldn't use her name or "phrase" without permission. It's as simple as that.




Her name? no... but her phrase?? give me a break... I don't think she owns "that's hot"




Yeah, last time I checked parts of the English language couldn't be owned.

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Actually, yeah... they can. Back in the 80s, KISS bassist Gene Simmons copyrighted the word "axe".
True story.

I might need a shower after defending douchebag Paris, but Hallmark is wrong IMO to use someone's likeness without permission.


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gone #161878 09/09/07 08:56 PM
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Quote:

Quote:

Well...uhhh...she already has enough money and she is just trying to get more.




And so Hallmark's intention is?





To make fun of her...haha...come on, we all know that stupidity sells! I'd be flattered if I was on a greeting card...

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j/c

I'm pretty sure that the phrases are trademarked and the way it stands no one can utilize that phrase in a commercial fashion. There are other's.

Arnold shwartz...whatever. Either he or the film company own the trademark for "I'll Be back."

Donald Trump has trademarked "You're Fired!"

There are others too. It's kinda like some of the old songs. Happy Birthday still has a trademark I think and every time its performed for money they have to pay royalties. I think this one ends in 2015 where it becomes public property.

That said, I don't agree with it. They should have asked permission to use her likeness. But any photo taken in a public place is public domain. Not sure if they can make money off that, but I'm pretty sure they can.


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Quote:

Donald Trump has trademarked "You're Fired!"





So what you are saying is that anyone that has a boss that uses that phrase to fire them is infringing on The Donald's trademark phrase and cannot use it without being sued?

So I could tell the boss to stick it because he can't use that phrase and I get to keep my job and then turn him in for using a trademarked phrase?


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atomic_dog #161881 09/10/07 12:24 PM
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No, you can use it ... you just can't make money off of the use of the phrase.

ExclDawg #161882 09/10/07 12:27 PM
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But the boss man is making money off that phrase....he's firing someone and then hiring someone else to replace that person at a lower wage so therefor he is making a profit.


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atomic_dog #161883 09/10/07 05:58 PM
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Tee-hee!!!!

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