Thursday, November 15, 2007
When Paris Hilton sued Hallmark Cards over its use of her image in a greeting card, she claimed that it had misappropriated her identity, invaded her privacy, falsely represented that she endorsed the product, and infringed her trademark, among other things. Now the company has responded. Says Hallmark, "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 catch phrase to poke fun at her. Hilton's claims fail as a matter of law, and each should be dismissed without leave to amend."