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Ninth Circuit Lets Right of Publicity/Parody Case Go to the Trier of Fact by R. David Jacobs
Epstein Becker & Green, P.C. - Los Angeles Office
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September 25, 2009
Previously published on September 2009
Celebrity Paris Hilton, whom the U.S. Court of Appeals for the Ninth Circuit has styled as "famous for being famous," sued Hallmark Cards for what Hallmark contended was social commentary on Paris' television show "The Simple Life." The cover of the greeting card at issue in the lawsuit depicts a cartoon waitress with an oversized photograph of Paris Hilton's head superimposed on the cartoon waitress's body. On the front of the card, Paris Hilton says to the customer, "Don't touch that, it's hot." The customer asks, "What's hot?" Paris Hilton replies, "That's hot." On opening the card, it reads: "Have a smoking hot birthday."
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