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    Nothing Else To Say, Hallmark Decides To Attack Paris Hilton Personally?

    I’m sure you read Hallmark’s statement on Paris Hilton and her lawsuit against them on TMZ. When I first read it, I couldn’t believe it. And since TMZ didn’t provide a source and I couldn’t find it on their website, I wasn’t sure if I should’ve posted about it.

    Then, FOX News and the Associated Press picked up the news from TMZ and reported it. Apparently, this is how Hallmark replied to Paris:

    “Hilton has become a household name, based in large part on her efforts to draw attention to herself. Having done so, she has subjected herself to public scrutiny and the parodist’s pen. The First Amendment does not allow her to respond by welcoming the fawning and flattering, but silencing the critical and comical.”

    Paris Hilton sued Hallmark Cards Inc. in U.S. District Court seeking an injunction and unspecified damages to be determined at trial.

    What’s important is not what the statement says, but how Hallmart ignore the reason of the lawsuit and decided to talk about something else.

    Anyway, it’s not so much important. The Paris Hilton news have been great lately, we can ignore this. I’m not a lawyer, but you can read a lawyer’s opinion about this here.

    While we’re talking about the media and FOX, allow me to show you the hypocrisy of FOX News.



    Comment from Jen
    Time: November 8, 2007, 5:27 pm

    It’s doubtful that Hallmark can win this because they used her photo without her permission to sell their cards.

    Iow, this is not a parody, this is called commercial gain.
    The US copyright laws are very specific on this.

    Hallmark also has a history of pulling such stunts and they lost the last case.
    But they’re banking on people being afraid to take Hallmark to court because it can get costly.

    It takes a Hilton to take on Hallmark LOL. Her chances of winning this are excellent.

    Moreover, her team can always take it to a higher court in California. After all, this isn’t a criminal case, it is a copyright infringement case.

    Some of the comments at TMZ are full of crap as usual.

    Comment from david
    Time: November 8, 2007, 5:45 pm

    Just to be clear. That’s a personal opinion, not a professional assessment. I had neither the time nor desire to read the filing completely, it’s about 15-20 pages. Also, I had neither the time nor desire to read Paris’ Complaint. I was simply struck that Hallmark essentially treated the lawsuit as frivolous, if not, ridiculous, and pretty much stated that Paris is famous for being famous. They even included a line (or a few) about her sex tape and sexual escapades, nightlife, parties, etc.

    Personally, Paris’ chances of winning are not excellent, probabaly not even good, and, considering the tone of Hallmark’s motion, discovery could get nasty, which would only seem to hurt Paris. The std is not whether Hallmark will profit from Paris’ image. The std is higher than that. Also, I don’t think that the case is primarily based on cpyt law, but, rather, trdmk and other causes of action. (Lanham Act, etc.) However, again, it’s not like I read the pleadings in their entirety.

    Anyway, it’s a personal opinion, not a professional assessment, and this is neither the time nor place to get into it. It’s simply a strange case.

    Comment from Dawn
    Time: November 9, 2007, 12:13 pm

    Hallmark may want to drag in her personal life, to scare her off.
    But it seems that Paris Hilton really never had a lot of boyfriends. Not even the tapes indicate otherwise.
    Most rumors about her sex life are just that – vicious insinuations made up by tabloids and bashers.

    At the end of the day, wouldn’t it still boil down to TM violations by Hallmark?
    Discovery should not scare her lawyers too much, Paris has been through it before.
    If there is no settlement by Hallmark, will it turn into a jury trial?

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