Paris Hilton Allowed to Sue Hallmark Over ‘That’s Hot’ Phrase
A federal appeals court has ruled Paris Hilton may sue Hallmark for using her photograph and her trademarked catchphrase, “That’s hot.”
The San Francisco-based 9th U.S. Circuit Court of Appeals said the card was not sufficiently transformative to merit protection from Hilton’s right of publicity claim, Reuters reports. The opinion (PDF) said the issue was one for the trier of fact.
The card showed Hilton’s face superimposed on a cartoon of a waitress serving food, and warning a customer that the dish is hot. The inside of the card reads, “Have a smokin’ hot birthday.” Hilton claims the card was a copy of an episode in The Simple Life in which she worked as a roller-skating waitress.
Says the Wall Street Journal Law Blog: “We have no idea how much Hallmark made on this, uh, incredibly clever card, but it’ll now have to defend itself at trial.”
