EXCLUSIVE! Evidence that could Kill Paris Hilton Suit Against Hallmark?
LALATE NEWS EXCLUSIVE.
Paris Hilton is suing Missouri based Hallmark Cards Inc. in U.S. District Court seeking an injunction and unspecified damages because Hallmark used her picture and catchphrase “That’s hot” on a greeting card it seeked to profit from. But lalate news legal analysis can exclusively report we have found trademark evidence that may substantially hurt Hilton’s trademark claims against Hallmark.
According to the suit filed Thursday, the Hallmark card is called “Paris’s First Day as a Waitress” depicted above. 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 says Hilton owns the trademark “That’s hot,” which was registered on Feb. 13, 2007. Hilton’s 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,” says AP.
However, lalate news has uncovered that Hilton does not have a trademark registered to the class of goods she alleges infringement, namely greeting cards.
lalate news investigation has exclusively obtained the February 13, 2007 trademark Hilton references in her lawsuit Thursday. The February 13, 2007 mark obtained exclusively by lalate news is for clothing, not printed material like greeting cards!
Click here to see the exclusive evidence!
And it get’s worse.
Trademark investigations by lalate news revealed that Hilton has at least three trademarks registered as “That’s Hot” over the years, none of which concerning greeting cards.
Moreover, Hilton is not the only reigstered owner to the mark “That’s Hot”, with others persons owning the expression for other classes of goods including mints, chewing gum, wine, and more.
Hallmark defends the card as parody, generally 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.”
