Hallmark Seeks En Banc Hearing In Paris Hilton Case

Law360, New York (September 22, 2009, 5:44 PM EDT) -- Hallmark Inc. has asked a federal appeals court for an en banc rehearing of a decision holding that a greeting card bearing celebrity heiress Paris Hilton’s image and catchphrase “that’s hot” was not a transformative work, arguing that the ruling directly contradicts earlier decisions in well-known publicity cases.

Hallmark filed its petition for an en banc rehearing Friday in the U.S. Court of Appeals for the Ninth Circuit, claiming the appeals court improperly applied Hoffman v. Capital Cities when it ruled Aug. 31 that a greeting...
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