The Ruling Is In: Paris Still Hot

Canada

The Ruling Is In: Paris Still Hot

Tue., Sep. 1, 2009 10:45 AM PDT by Josh Grossberg

WENN

It's not a birthday, baby shower, wedding or anniversary, but Paris Hilton just got a special delivery.

A federal appeals court says the hotel heiress can keep on suing Hallmark Cards over a card that used her image and "That's hot" catchphrase sans Hilton's permission.

Hilton claims the offending greeting card—featuring her as a waitress dishing out food to a customer ("That's hot," she warns) and the tagline "Have a smokin' hot birthday"—violates her privacy and publicity rights. She first filed suit back in 2007.

Hallmark contended the card was simply a parody and was protected under the First Amendment and fair-use laws.

Not quite, according to Judge Diarmuid O'Scannlian of the 9th District Court of Appeals.

After calling Hilton a "controversial celebrity known for her lifestyle as a flamboyant heiress," he and his fellow panelists sent the case back to a lower court for adjudication.

But Hallmark did score a minor victory. The justices sided with the card maker and agreed to toss Hilton's claim that the usage of "That's hot" violated her trademark.

Reps for both parties were unavailable for comment.

—Reporting by Lindsay Miller

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When she's not duking it out in court, Paris is living it up. Check out E! Online's Wild Nights photo gallery.