Hallmark sold birthday cards with a cartoon of a waitress serving a plate of food to a patron. A photo of Paris Hilton's face was pasted on the cartoon's body. Hilton tells the customer, " Don't touch that, it's hot." The customer asks, "What's hot?" Hilton responds, "That's hot." The inside of the card reads "Have a smokin' hot birthday." Hilton sued, alleging that Hallmark was selling the birthday cards without her permission and ripped off her appearance as a waitress in an episode of her reality television show "The Simple Life." For what tort should she sue?

Question

Hallmark sold birthday cards with a cartoon of a waitress serving a plate of food to a patron. A photo of Paris Hilton's face was pasted on the cartoon's body.  Hilton tells the customer, " Don't touch that, it's hot." The customer asks, "What's hot?" Hilton responds, "That's hot." The inside of the card reads "Have a smokin' hot birthday." Hilton sued, alleging that Hallmark was selling the birthday cards without her permission and ripped off her appearance as a waitress in an episode of her reality television show "The Simple Life."  For what tort should she sue? ​

Quizplus · Accepted Answer

Commercial appropriation is the correct tort because it involves using someone's name, likeness, or identity for commercial purposes without their permission. In this case, Hallmark used Paris Hilton's image and catchphrase "That's hot" on a birthday card, which is a commercial product, without her consent.

Hallmark Sold Birthday Cards with a Cartoon of a Waitress