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25 Sep 2:23 pm
... Not just any birthday card mind you. This birthday card, produced by Hallmark Cards, depicts a cartoon waitress, dressed in an apron, serving food to a restaurant customer. ... union voting controversy, but the court stated that the statute is to be interpreted broadly. Although Hallmark made a threshold showing that Hilton's suit falls under the anti-SLAPP ... SLAPP statute would not prevent her bringing such claim. Addressing Hallmark's First Amendment defense, the court cited to Comedy III Prods., Inc ...
IP Law Blog - http://www.theiplawblog.com/
1 Sep 9:54 pm by Michael Atkins
... The Ninth Circuit yesterday found in favor of Paris Hilton in her suit against Hallmark Cards for violating her Lanham Act rights and right of publicity by publishing a ... her THAT'S HOT registered trademark without her permission. After dispensing with Hallmark's motion to strike based on California's anti-SLAPP (Strategic Lawsuit ... she has not asked for. We merely hold, construing the facts - here, the greeting card and the video - in her favor, that she has at least some probability of prevailing ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
25 Aug, 2008 7:14 am by SHG
Via Turley, a story that would be utterly laughable but for the first comment to his post. It seems that Hallmark, the company that keeps inventing holidays and celebrations so that people have to buy more greeting cards lest others feel unloved, ... consumer demand. It appears that their purpose is also to push same-sex marriage. Last year Hallmark began offering "coming out" cards - as in "coming out of the closet" -- a euphemism for announcing homosexuality. Normally, this would be one of those ...
Simple Justice - http://blog.simplejustice.us
31 Aug 11:18 am
It's tough to figure out who to root for when Paris Hilton sues Hallmark Cards. Does Paris Hilton get money for Hallmark putting her face and catchphrase ("It's hot") ... I find less compelling. On the merits, for example, I'm not at all sure that I agree that Hallmark's conduct even properly gives rise to an anti-SLAPP motion. Sure, what ... of public interest. Putting Hilton's face and catch phrase on a birthday card doesn't qualify in my mind, either as a matter of first principles or precedent. This ...
California Appellate Report - http://calapp.blogspot.com/index.html
1 Sep 5:09 pm by Barry Barnett
... card. Circuit Judge Diarmuid F. O'Scannlain set the scene: The front cover of the card contains a picture above a caption that reads, "Paris's First Day as a Waitress." The ... of the card reads, "Have a smokin' hot birthday." Hilton v. Hallmark Cards, No. 08-55443, slip op. at 12116 (9th Cir. Aug. 31, 2009). His Honor further explains: Hilton's basic contention is that Hallmark lifted the entire scene on the card from the "Simple Life" episode, "Sonic Burger Shenanigans." The conceit behind the ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
16 Sep 1:22 am by Jo-Anne Yau
... , and whether you win or lose, a lawsuit could potentially bankrupt your business. One such example of a franchise having to litigate a case is Paris Hilton's lawsuit against Hallmark Cards. The dispute is over the use of a likeness of Paris Hilton's head and the slogan "THAT ... in the television show, "The Simple Life". The case is has not been finally decided; however, Hallmark Cards recently lost its appeal for dismissal. The 9th Circuit Court of Appeals has remanded the case ...
Trademark Lawyer Blog - http://www.trademarklawyerblog.com/
4 Apr, 2008 2:45 pm by MediaLaw Prof
The feud between actress Kathleen Turner and former co-star Nicolas Cage appears to be over. Ms. Turner has apologized to Mr. Cage over statements in her newly published autobiography Send Yourself Roses that implied he was arrested for drunk driving...
Media Law Prof Blog - http://lawprofessors.typepad.com/media_law_prof_blog/
2 Sep 7:34 am by Sheldon Toplitt
... Ritchie as privileged "princesses" engaged in rustic or working-class settings, such as feeding livestock. Hilton claimed the Hallmark card employing her catchphrase was lifted from the exciting episode of her series entitled "Paris' First Day as a ... Cards. Docket No. 08-55443). The appellate court upheld the dismissal of the anti-SLAPP motion and was unpersuaded by Hallmark's transformative use defense, remanding the case to the district court where Hilton may proceed on her privacy/publicity ...
The Unruly of Law - http://theunrulyoflaw.blogspot.com/
1 Sep 3:58 am by Woodrow Pollack
... Florida Blog. Yesterday, the Ninth Circuit permitted Paris Hilton's dispute against Hallmark to go forward and decided that "California law allows a celebrity to sue a greeting card ... the trial level, and therefore abandoned her infringement claim. False Endorsement Hallmark also sought dismissal of this count, but was not successful. Facts would determine ... the matter back to the trial court to proceed through litigation. Paris Hilton v. Hallmark Cards, Appeal No. 08-55443 (9th Cir. Aug. 31, 2009)
Florida IP - http://floridaip.blogspot.com/
31 Aug 1:52 pm by Ashby Jones
... one episode of the show, Hilton worked at a Sonic fast-food restaurant and, yes, made that very quip. The Hallmark card at issue, according to the Reuters story, showed: Hilton's face superimposed on a cartoon of a waitress ... the suit back to the lower court. Lincoln Bandlow, a lawyer at Lathrop & Gage in Los Angeles representing Hallmark, told Reuters that "the analysis of the First Amendment defense is incorrect. It will leave a lot of speakers subjected to meritless right of publicity ...
Law Blog - http://blogs.wsj.com/law
16 Dec, 2006 6:11 am by Mon
... of those down-to-earth TV advertisements from Kansas City. (I especially like the one with the woman bringing a birthday card to an uncle in a nursing home.) I've even gotten drawn into some of their made-for-TV movies, especially ... Anyway, check out New Orleans-based McGlinchey Stafford's 2006 Holiday e-card. It's a simple message, but very "Hallmark" if you will. (That's meant to be a compliment). Produced (not surprisingly) by Tenrec Inc. (head honcho Per Casey is a long-time member of our LTN ...
The Common Scold - http://commonscold.typepad.com/commonscold/
15 Nov, 2007 5:29 pm by pete.black@gmail.com (Peter Black)
From Media Law Prof Blog: When Paris Hilton sued Hallmark Cards over its use of her image in a greeting card, she claimed that it had misappropriated her identity, invaded her privacy, falsely represented that she endorsed the product, and infringed her trademark, among other things. Now the company has responded. Says Hallmark, "Hilton apparently believes that she can control not only how she is commented upon, but who can say the words "that ...
Freedom To Differ - http://www.freedomtodiffer.com/freedom_to_differ/
1 Jan 11:00 am by Senior Editor
By: LISA R. WILSON Ho, Ho…uh, oh. Importer Hallmark Cards Inc. of Kansas City announced on Tuesday that a batch of approximately 7,000 snowman snow globes are ... the glass, causing objects in the globe's light path to catch on fire. So far, Hallmark has received two reports of these snow globes causing surrounding objects to ignite. The snow globes were sold at various national Hallmark Gold Crown stores in October and November of 2008. They can be returned for a full refund. For more information, ...
LawInfo Weblog - http://blog.lawinfo.com
15 Nov, 2007 8:47 am by MediaLaw Prof
When Paris Hilton sued Hallmark Cards over its use of her image in a greeting card, she claimed that it had misappropriated her identity, invaded her privacy, falsely represented that she endorsed the product, and infringed her trademark, among other...
Media Law Prof Blog - http://lawprofessors.typepad.com/media_law_prof_blog/
1 Sep 9:38 am by MediaLaw Prof
The Ninth Circuit has ruled that Paris Hilton's lawsuit against Hallmark Cards can proceed. Ms. Hilton alleges that the card, which depicts a waitress with Ms. Hilton's face, infringes her rights of publicity and use of her catchphrase "That's hot"....
Media Law Prof Blog - http://lawprofessors.typepad.com/media_law_prof_blog/
15 Dec, 2008 6:50 am by Howard Friedman
... Blue Christmas." According to the website, the theme "celebrates the patriotic spirit that unites us as Americans." This year's White House holiday card (photo of card [from Free Republic]) depicts a view of the Washington Monument from the White House's Truman Balcony. (Hallmark news release about the design.) Inside, the card has a verse from Matthew (5:16) and the wish: "May your heart and home be filled with the joys of the ...
Religion Clause - http://religionclause.blogspot.com
6 Sep, 2007 2:33 pm by Peter Lattman
... ll always have Paris!" Paris Hilton sued Hallmark yesterday in federal court in Los Angeles, claiming the greeting-card company used her likeness without permission. ... blog TMZ.com, which has a copy of the lawsuit. It also has a copy of the greeting card, entitled "Paris's First Day as a Waitress," which features a picture of Paris' ... hot? That's hot." Paris is suing for damages in excess of $100,000, claiming Hallmark "failed to properly obtain [her] approval" and used her likeness for commercial ...
Law Blog - http://blogs.wsj.com/law
9 Jan 7:53 am by William Morriss
... . Instead, it uses the following generic message: Hello! You have recieved a Hallmark E-Card from your friend. To see it, check the attachment. There's something special about ... s day and send one. Hope to see you soon, Your friends at Hallmark Your privacy is our priority. Click the "Privacy and Security" link at the bottom ... view our policy. I'm not sure what to say about it, except that anyone who trusts a card from an anonymous "friend" who wants them to open an email attachment probably has so ...
Ephemerallaw - http://ephemerallaw.blogspot.com/
2 Sep 10:11 am by admin
Hilton v. Hallmark 2009 U.S.App. LEXIS 19571 (9th Cir. 2009) Hallmark produced a card depicting a photograph of Paris Hilton's head on a cartoon figure and using Hilton's catchphrase "That's Hot." Hilton sued Hallmark under several causes of action including California's right to publicity law. Hallmark moved to strike on Anti-SLAPP grounds. The district court denied the motion and Hallmark appealled. The Court of Appeals upheld the district court decision. (more…)
Trademark Law Briefs - http://trademarklawbriefs.com
22 Aug, 2008 12:49 am by Cal Law
... there ain't nothin' more "average" and "middle America" than Hallmark. Apart from the ubiquitous line of card-stock hugs choking two aisles of every Walgreens and Rite-Aid in this great land of ours, the company owns the Hallmark Channel (formerly known as the "Faith & Values Channel") where it serves up a steady diet of ... , has announced it will start selling his-and-his / hers-and-hers wedding cards. If this doesn't signal changing times, I don't know what will. Someone tell the ...
Legal Pad - http://legalpad.typepad.com/my_weblog/
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