Paris Hilton beats free speech defense
We read:
"Hallmark Greeting Cards has settled a lawsuit with celebrity socialite Paris Hilton after she sued the company for releasing a card using her trademarked catchphrase "that's hot."
The amount of the settlement was not revealed, RTT News reported.
Hilton successfully trademarked “that’s hot” in February 2007. Later that year, Hallmark released a card parodying Hilton’s “First Day as a Waitress” that used the phrase, and Hilton filed suit for trademark violation.
The case went to the Ninth Circuit Court of Appeals, with Hallmark invoking its First Amendment right to free speech.
The appeals court rejected Hallmark’s appeal, and the suit was scheduled to go to trial as early as December until the parties settled, the financial news website said.
Source
The amazing thing is that she got such a simple, everyday expression trademarked. She must have good lawyers. The Hallmark lawyers, by contrast must have been lazy. They would have done better to challenge the trademark determination.
9 comments:
It's corruption in government - simple as that.
if you can trademark a tree or a building and prohibit photography of it (both have happened, both stand despite challenges), you can trademark a short sentence like that.
Welcome to the United States of America, land of opportunity and a million lawsuits.
"The amazing thing is that she got such a simple, everyday expression trademarked."
Maybe she gave the judge (male hopefully) a BJ?
America, what more can be said.
The stupid thing is that other countries fall in line behind.
A condition noted in lemmings.
Hell, Microsoft got "Windows" trademarked, and Apple got, well, "Apple" trademarked. So is it really so surprising that Ms. Hilton could get "That's hot" trademarked?
The problem with the ruling is that there are "parody" considerations in the trademark and copyright laws that really should be looked at.
The REAL problem is that Hallmark "settled" so there really was no ruling or precedent set.
-sig
Look up Leo Stoller - this individual makes a living doing this.
I would like to exchange links with your site snorphty.blogspot.com
Is this possible?
She may have a trademark on the word CUNT. Sorry I just had to say it before someone else beat me to it.:) Stormewaters
She may have a trademark on the word CUNT. Sorry I just had to say it before someone else beat me to it.:) Stormewaters
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