A suit over socialite Paris Hilton’s trademarked phrase “That’s Hot” reached its way up to the 9th Circuit. Hallmark depicted the heiress as a waitress, warning a customer as she served him his food, “Don’t touch that”. . . “That’s hot.” She asserts claims of invasion of privacy and misappropriation, among others, for the use of her phrase and photo on their $2.49 birthday card.

The 9th Circuit rejected Hallmark’s argument that the card is protected free speech under the First Amendment. The blond seeks $500,000 in damages and wishes to bar Hallmark from exploiting her name and likeness in the future.

To see the Ninth Circuit’s Opinion, click here.