Paris Hilton Gets a Paycheck
Post date: Sep 27, 2010 3:12:05 PM
The case of Paris Hilton v. Hallmark has been an ongoing matter for over three years now. Set for trial in December, both parties have apparently settled the matter out-of-court for an undisclosed amount. The dispute centered on a greeting card by Hallmark that used a picture of Paris Hilton and her registered trademark "That's Hot". Although a TM was involved, it appears that her argument regarding her "right of publicity" was the winner here. I don't believe that the use of her trademarked phrase on the card alone would not have been enough to win. But, when combined with an actual picture of Paris, Hallmark's potential fair use and First Amendment arguments were outweighed.
Although the exact amount is unknown, I'm sure it is enough money to contribute back to the Paris Hilton "legal defense fund" and provide her assistance with any upcoming legal troubles she will surely encounter.
The MSNBC article does not have a picture of the actual greeting card in dispute. Check out this site if you are curious as to what started the legal spat.