Hilton v. Hallmark Cards
United States Court of Appeals for the Ninth Circuit
580 F.3d 874 (2009)
Relevant factsFree
Paris Hilton (plaintiff), known for her reality show "The Simple Life" and trademarked catchphrase "that's hot," sued Hallmark (defendant) over a greeting card that superimposed her actual face on a cartoon waitress's body along with a joke incorporating her catchphrase; the district court dismissed her federal trademark claim but let her right-of-publicity claim proceed, and Hallmark appealed.
IssueFree
Whether transformative use is an affirmative defense to a right-of-publicity claim.