Paris Hilton filed a complaint against Hallmark on September 6, 2007 for the greeting card pictured above.
Hilton alleges Hallmark knowingly and without her consent (i) commercially
appropriated her identity; (ii) invaded her privacy by using her name and
likeness; (iii) misappropriated publicity, and; (iv) falsely represented
that the card was associated with her or authorized or endorsed by her.

But Hallmark says Hilton’s rights haven’t been compromised. A Hallmark
spokesperson was quoted as saying the card is meant to be satirical. It’s
part of one of Hallmark’s humour lines that parodies celebrities and takes
a tongue-in-cheek look at news and gossip about these individuals.
(Hallmark is not alleging the fair use defence, and they would likely not
meet that criteria under US trademark law.)
Read the rest of this entry »

Posted in Personality Rights, Trademarks
Comment: 1