LOS ANGELES (LALATE) – Paris Hilton’s That’s Hot lawsuit against Hallmark has been settled. Hilton had sued over greeting cards baring her trademark in 2007. As reported then on LALATE, the Hallmark card was dubbed “Paris’s First Day as a Waitress”. It shows a photo of Hilton on a cartoon of a waitress. In the card, Hilton says, “Don’t touch that, it’s hot.” The customer responds, “What’s hot?” She answers, “That’s hot.”
The suit derived from a February 13, 2007 trademark procured by Hilton for “That’s Hot”. Hilton sued Hallmark for “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 card sold for roughly $2.49. Hilton’s attorney at the time was Brent Blakely.
Hallmark’s Hulie O’Dell defended the cards in 2007 as permissible parody. “Some of Hallmark’s new humor greeting cards are parodies of today’s most popular celebrities and politicians. 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.”
The Court didn’t exactly agree on appeal. In 2009, the Ninth Circuit Court of Appeals gave Hilton a hot verdict, reportedly rejecting Hallmark’s protected-speech argument. The case was set for trial this December.
Terms of the settlement were not reached, by Reuters reports “it’s believed Hilton walked away with a favorable package.”