Paris Hilton is suing over the use of her picture and catchphrase “That’s hot” on a greeting card.
The celebutante sued Hallmark Cards Inc. in U.S. District Court seeking an injunction and unspecified damages to be determined at trial, but not less than $100,000.
The damages would be based on profits from the $2.49 cards, said Hilton attorney Brent Blakely.
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 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 suit says Hilton owns the trademark “That’s hot,” which was registered on Feb. 13, 2007.
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.
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