Paris Hilton and Trademark Law, continued

It is strange to see that a picture of Paris Hilton wearing a Paris Hilton tee shirt would end up on a New York Times blog, and would provoke so many comments. She trademarked her name, as early as 2004, why not wear the tee-shirt? She also trademarked Can Can Paris Hilton, and Paris Hilton's My New BFF, and That's Hot, and sued Hallmark for trademark infringement in 2007. The case has reached the Appeal Court, and the 9th Circuit is hearing arguments.

Hallmark's opening brief argues that the card "comments on Hilton’s broken-record use of the phrase “that’s hot” by transforming it from a metaphorical barometer of style into a literal warning of the high temperature of a plate of food." Hallmark also argues that "Hilton’s privileged and public lifestyle, her physical appearance, her contempt for serving the public and her metaphorical use of the trite phrase “that’shot” – all facts admitted by Hilton – starkly contrast with the Card’s cartoon caricature of her, set in a decidedly unprivileged and “nightmare” environmentwhere she is “serving the public” and uttering the words “that’s hot” solely for their literal connotation." How to strip That's hot! from secondary meaning (aka"metaphorical barometer of style") to reveal its bare, "literal" description of food temperature ...