Today 10:45 AM PDT From >
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.
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