Paris Hilton filed a lawsuit against Hallmark for using her likeness on a greeting card without her permission. Hallmark’s lawyers recently responded to the suit and totally owned Paris Hilton in the process. TMZ reports:
The company’s motion to dismiss said, “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 layman’s terms Hallmark basically asked Paris Hilton to accept the fact she’s a press grabbing whore and, also, kindly shut the fuck up. Or something to that effect. It’s been a while since I practiced law. Still a tad rusty, but I think I caught the gist of it.
lala | November 8, 2007 at 5:55 pm
first
Snooties | November 8, 2007 at 5:58 pm
What’s with the goofy snow-whore outfit? Someone inform Paris it’s not January. Or 1998.
Carl | November 8, 2007 at 6:03 pm
Anyone who posts their comments on here (expect me) is a fucking idiot.
Guy | November 8, 2007 at 6:03 pm
&2
Fuck yeah, 1998! I loved the late 90′s and early 2000′s
Number 5 | November 8, 2007 at 6:06 pm
I would love to parody Paris’ face with my pant juice…not actually touch her mind you…some of us have standards.
Paris' Vag | November 8, 2007 at 6:06 pm
Expect you to do what, Hot Carl?
Juls | November 8, 2007 at 6:07 pm
lmfao thats a good one
Pj | November 8, 2007 at 6:08 pm
She doesnt look too fucked in some of those pics.
Nevermind. Forgot I had to open my eyes.
FRIST!!! | November 8, 2007 at 6:12 pm
#3 you’re pretty..
mabbo | November 8, 2007 at 6:14 pm
I bet she bought those flowers for herself rather than someone buying them for her. Useless twit.
whatever | November 8, 2007 at 6:20 pm
What? No shot of her crotch? Did she stop showing it off? I would think even in cold weather she would flash us a couple times. It’s not like a pussy with that many STDs could freeze any way. Shit, I have to wear a welder’s mask just to look at her unholy hole without going blind.
Check out the bling on her phone. It says “Pay attention to me please, ’cause I’m a super attention whore.”
PunkA | November 8, 2007 at 6:27 pm
Hallmark and Paris. When you care enough to send the very WORST.
katie | November 8, 2007 at 6:27 pm
camel toe, anyone?
PunkA | November 8, 2007 at 6:30 pm
Hallmark using Paris must be part of their new “Send an STD” via Greeting card campaign.
Pj | November 8, 2007 at 6:32 pm
Economist: ”What goes up must come down.”
As to…
Paris Hilton: “I must go down on whatever comes up.”
Still Ad Review | November 8, 2007 at 6:34 pm
Hallmark are actually ass#%les anyway; Paris your still a skank.
whoneedsenemies | November 8, 2007 at 6:35 pm
Is she doing a Fila shoot or is she just an over publicized cuntbag stinking wonk eyed whore? Hmm?
prettybaby | November 8, 2007 at 6:36 pm
#14, I’m thinking they made an “I’m Sorry I Gave You Herpes” card. It’s about time……
LL | November 8, 2007 at 6:36 pm
I’m not a lawyer and I hate to be on Paris’ side, but if they used her image without her permission, she’s got a pretty good case. It’s called appropriation. They’re trying to preemptively claim a parody defense, but I don’t think it will apply here. It’s one thing to parody someone in a comedy sketch or magazine article, it’s another to slap their image on a greeting card or mug or whatever without their approval and then sell it for profit. If that’s what Hallmark did, they’ll probably lose, no matter what the lawyers say publicly. Just because Paris is a joke as a person doesn’t mean the law that protects every other celebrity’s image doesn’t apply to her.
And why do people carry their cell phone in their hand? Doesn’t she have a purse? Doesn’t she have about a thousand purses? Yeah, now that I look at the picture again, she does have a purse. A big one. So why’s she carrying the phone in her hand? Is she expecting a super-important call? From her doctor with test results or something? She’s a twit.
Sr. Poopayponts | November 8, 2007 at 6:45 pm
#6 made me piss
jen | November 8, 2007 at 6:47 pm
hell yeah! go hallmark! she is a product cartoon and nothing more. finally someone realizes it!
LB | November 8, 2007 at 6:51 pm
In Re: appropriation–what about fair use??
Cookie Vanderbilt | November 8, 2007 at 6:51 pm
@19. To “Not a Lawyer” but probably a 1 or 2 or 3L…
“Appropriation” suits are limited to use of the person’s name or likeness in connection with the sale of a PRODUCT or SERVICE. Like if Hallmark used Paris’s plastic face to sell coffee mugs without her permission.
PARODY defense, however, does not apply to appropriation analysis.
You’re confusing it with defamation, for which parody is a valid defense.
The reason Hallmark’s argument is relevant is that when you hold yourself out as a “public figure,” which Paris does, there is a much higher standard in order to successfully sue people who defame you. You have to show malice.
Hope that helps. First Amendment analysis is more tricky than most first year subjects.
Steven | November 8, 2007 at 6:58 pm
#23…I think I love you.
And why is Paris carrying around a Michael Vick bag…he wore #7, right?
Paris Hilton's Mom | November 8, 2007 at 7:02 pm
that’s awesome, I want to buy Hallmark cards more now.
steve | November 8, 2007 at 7:06 pm
yes, #23, you’re hot.
Paris sucks.
Hallmark owned that publicity whore. Fuck her. Why should I hate her? She’ll rot in hell for all eternity.
Elle Driver | November 8, 2007 at 7:13 pm
To be owned by David Letterman is one thing but HALLMARK?! That says it all really?
That ho needs to sit down and maybe disinfect herself a little. (A LOT)
LL | November 8, 2007 at 7:14 pm
I’m not in law school. I do work in advertising.
I didn’t go to the link, but it sounds like she is suing for appropriation, not defamation. I know they’re different legal constructs. If Hallmark used her image without permission, that’s my understanding of appropriation (again, as a layperson, so to speak). If they used a cartoon character (as opposed to a photograph of her), I’m assuming they’ll say that they used a character that’s like Paris, but isn’t meant to depict her exactly, that they were parodying her in that way, but that it isn’t technically a use of her image. I guess we’ll see if that works. Hilton v. Hallmark. I’ll be looking for it on Court TV. Should be riveting.
And Paris isn’t holding herself out as a public figure, she IS, by definition, a public figure. Whether we like it or not (and I don’t).
FRIST!!! | November 8, 2007 at 7:21 pm
This is boring. What’s Blow-han up to these days? Nothing?
God I hate rehab..
Auntie Kryst | November 8, 2007 at 7:24 pm
How did she even know that Hallmark made a card using her image? This selfish cunt has never written a card to anyone in her life. She is truly despicable.
sharpeidude | November 8, 2007 at 7:43 pm
#3 – I bet you gotta purdy mouth. You gonna pray fer me boy…and you better pray good!
makemepuke | November 8, 2007 at 8:20 pm
I’m no lawywer, I work in healthcare …but I don’t think it takes a fuckin legal genius to realize that Paris Hilton is fuckin retard and doesn’t have fuckin leg to stand on…do you really think that an attention seeking hollywood media whore can prove damages when she exists in a world where any publicity is good publicity….negative or otherwise…..what’s her defense..”any thing that portrays a female image is me?????..what a fuckin loser she is …please somebody find a cure for malignant narcissm. Pfizer?? Lily?
Kowalski | November 8, 2007 at 9:21 pm
Never thought I’d ever admire fucking Hallmark.
danter | November 8, 2007 at 9:41 pm
paris is in south korea, and people lover her, she is the most famous women in the world.
cookie monsta | November 8, 2007 at 11:06 pm
jeez, you could sure write some gold in a card with Parishite on the front, “Happy herpes”, “sorry I don’t swallow”, “today is your choice of hole day”, and Unfitney will want her own range next (of course) and there’s more gold there too!!
“Life is easy when you’re fat and greasy” etc….
Naruelle | November 9, 2007 at 1:14 am
lol those pictures are from her visit in korea but she’s not the most famous women in the world and alot of people in korea really don’t like her because of all the ridiculous stuff she does. Like they were iffy about letting her on the Infinity Challenge, the most popular show in S.Korea right now because she wouldn’t be a good role model (after they had people like Thierry henry, sharapova, etc)
babyglyniss | November 9, 2007 at 1:55 am
oh my god paris hilton is so adorable!
MsMilf | November 9, 2007 at 2:36 am
still Hate this self centered HepAidFreak
codependent | November 9, 2007 at 2:53 am
Dog’s Beth is sexyier than this ParisiteslutfacedpissonHepCurd
Kate | November 9, 2007 at 3:03 am
She’s in Korea, fliming an advertisement for FILA, that’s why she’s wearing the brand head to toe at her arrival at the airport.
whatever | November 9, 2007 at 4:11 am
#35 – fucking hilarious!
Alicere | November 9, 2007 at 5:19 am
Paris will be a good actress. I like her. Men who like her should be aware of this. I have seen her photo on a celebrity and millionaire dating site named searchingmillionaire.com. Seems she is a certified millionaire there.
media whore | November 9, 2007 at 9:58 am
I wonder how much Fila is paying her to wear that silly onsomble in public
Shallo Val | November 9, 2007 at 11:02 am
Ugh, she makes me sick and the asswipes who frigging follow her and blow crack smoke up her flat bum.
What a poser. And wearing FILA, fa christs sake. I remember in the 80′s when Fila was the shiz-nig. I’ll never wear Fila again.
Shallo Val | November 9, 2007 at 11:06 am
You know why she’s wearing that vest, dontcha? Because it’s “HAWT PINK!”
Hahahahha
LayDeeBug | November 9, 2007 at 11:07 am
43 –
I’m sorry to be such an ass, but I have to say it. It’s “ensemble.” I’m really sorry, for real.
LL | November 9, 2007 at 11:12 am
RE “I don’t think it takes a fuckin legal genius to realize that Paris Hilton is fuckin retard and doesn’t have fuckin leg to stand on…do you really think that an attention seeking hollywood media whore can prove damages when she exists in a world where any publicity is good publicity”
Again, I’m no expert, but I don’t think you have to prove damages. Using someone’s image in a commercial product without their permission is by itself illegal. It doesn’t even have to be their image. Companies can’t even use sound-alikes in VO for TV spots or radio, even if they don’t come right out and say that the voice is supposed to be a certain celebrity. If the “average person” can identify who the voice or image is meant to be, it’s actionable. I’m not sure what kind of payoff on this Parisite expects, it’s not like she needs more money. Unless she is indeed just trying to get more attention for herself by suing Hallmark. We’re talking about it, aren’t we? So it worked.
Just sayin’. Until a judge actually dismisses the lawsuit, Hallmark doesn’t own shit. Lawyers say crap all the time, it doesn’t always mean something. Of course Hallmark is gonna say the suit has no merit, but that’s not up to Hallmark to decide. It’s up to a judge. Hallmark is trying to claim First Amendment protection, but commercial speech doesn’t have as much protection under the First Amendment as a book or TV show would. You don’t get to profit from someone’s name or image without authorization for its use and then claim it’s OK on Constitutional grounds. Doesn’t work like that.
K, found pictures of the card in question, looks like Hallmark is in deep shit:
http://www.thesmokinggun.com/archive/years/2007/0907072hallmark1.html
They actually used her photo. Idiots. They deserve to get sued.
LL | November 9, 2007 at 11:21 am
My guess is, Hallmark will settle. Paris is asking for $500K and an injunction against using her name or image again. If this goes trial, Hallmark will probably lose.
AmeriCanadian | November 9, 2007 at 12:21 pm
Is Hallmark completely retarded? Didn’t they think for 1 second “Gee if we use someone’s image etc without their permission, we might get sued!” Dumbasses.
Not loving Paris’ outfit here.
SuePorn | November 9, 2007 at 12:22 pm
I’m no lawyer but I do look at porn. Paris will next be suing the porn industry because everytime they show a spread wide beaver it looks close enough like her spread wide beaver that it could be her spread wide beaver so they need to put a caption over the spread wide beaver saying “Not Paris Hilton’s spread wide beaver”