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    Paris Hilton can pursue a lawsuit against Hallmark Cards Inc.

    Written by the Associated Press

    An appeals court has ruled that Paris Hilton can continue pursuing a lawsuit against Hallmark Cards Inc. over the use of her picture and catch phrase “That’s hot” on a greeting card.

    Hilton sued the company in 2007 after it began selling without her permission birthday cards of a cartoon of a waitress serving a plate of food to a patron. A photo of Hilton’s face was pasted on the cartoon’s body.

    Hilton alleges that the card ripped off her appearance as a waitress in an episode of her reality television show “The Simple Life.”

    The 9th US District Court of Appeals upheld a lower court’s ruling allowing the bulk of Hilton’s lawsuit. Hallmark has defended the card as parody, which is normally protected under fair-use law.

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    Comments

    Comment from Django
    Time: September 1, 2009, 1:58 am

    I hope Paris wins this case. That card doesn’t bother me, but they deserve to be sued for the perfume one that basically calls her a “skank”, “whore” etc. It’s ridiculous the kinds of blatant insults and should be libel that people can call “a joke” or “humour” these days.

    Comment from Dawn
    Time: September 1, 2009, 2:42 pm

    Since they used her actual picture and her trademarked phrase , Paris has a case. If they’d drawn a cartoon only, it might pass as a parody.

    Hallmark has lost similar cases before. BUT if Hallmark offers to settle, I think Paris might b wise to take it. You just never know how a judge will rule in a case.

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