in september, faulkner sued hasbro, contending that a “harris faulkner” hamster in the toy company’s “littlest pet shop” product line violated her likeness rights, “caused substantial commercial and emotional damage” and falsely implied her “association with, approval, and endorsement” of the toy rodent. in a partial motion to dismiss filed in federal court in new jersey on monday, the defendant showed the judge side-by-side photos of the fictional hamster toy and real-life adult woman and asked the judge to see that they share nothing in common.
“the animal depicted by the hamster toy has ‘fur’ (not skin), which is golden yellow, a wisp of ‘hair’ that is medium-brown, a pink nose,and a muzzle that is white.” “third, despite plaintiff’s claim, neither the ‘shape’ of the hamster toy’s eyes, nor the ‘design of its eye makeup’ misappropriate ms. faulkner’s likeness,” hasbro puts forth. faulkner has brown, almond-shaped eyes; the hamster toy has large, circular blue eyes.” and if that’s not convincing enough, hasbro’s attorneys told the judge that faulkner’s fox news world is “so completely at odds with the hamster toy’s imaginary world of littlest pet shop that the court should treat the stark contextual difference as a ‘minus’ factor warranting dismissal.” faulkner will now get a chance to respond. she could make the argument that fox news and the imaginary world of toy hamsters share some commonality.
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