November 13, 2007 by Natalie Taccone
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.)
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