♥ Hallmark Files Motion to Dismiss Hilton’s Lawsuit

Hallmark has responded to Paris Hilton’s lawsuit claiming they used her image to sell cards with a motion to dismiss, TMZ reported on Thursday.

The motion says, “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.”

In September, Hilton sued over the use of her picture and catchphrase “That’s hot” on a greeting card. Hilton sued Hallmark Cards Inc. in U.S. District Court seeking an injunction and unspecified damages to be determined at trial.

According to the lawsuit, the card is titled “Paris’s First Day as a Waitress” and shows a photo of Hilton’s face on a cartoon of a waitress serving a plate of food to a patron. In a dialogue bubble she says, “Don’t touch that, it’s hot.” The customer cartoon asks, “What’s hot?” She answers, “That’s hot.”

The suit says Hilton owns the trademark “That’s hot,” which was registered on Feb. 13.

The lawsuit claims commercial appropriation of identity, invasion of privacy, misappropriation of publicity, false representation that Hilton endorses the product and infringement of a federally registered trademark. The damages would be based on profits from the $2.49 cards, Hilton attorney Brent Blakely said.

Hallmark defended the card as parody, which normally is protected under fair-use law.

“Some of Hallmark’s new humor greeting cards are parodies of today’s most popular celebrities and politicians,” said Hallmark spokeswoman Julie O’Dell in an e-mailed statement.

“These cards take a satirical look at news and gossip surrounding these public figures, including Paris Hilton, and we do not believe Hallmark has violated any of Ms. Hilton’s rights.”

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Click here to see the card.