Tags: harris faulkner | hasbro | hamster | toy | lawsuit

Harris Faulkner's Hamster Lawsuit 'Implausible,' Hasbro Argues

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By    |   Tuesday, 27 Oct 2015 03:06 PM

Harris Faulkner's hamster lawsuit, in which the Fox News anchor argues that a Hasbro toy bears her name and likeness, is "implausible on its face," the toy company said in a motion to dismiss the case on Monday.

The trouble began in September when Faulkner, 49, sued Hasbro Inc. over its Harris Faulkner “Pet Pawsabilities” hamster toy that the company produced and sold, claiming that the toy “caused substantial commercial and emotional damage” and falsely implied her “association with, approval, and endorsement” of the product, according to The Hollywood Reporter.

Faulkner continued to assert that the Harris Faulkner hamster toy issued by Hasbro “willfully and wrongfully appropriated Faulkner’s unique and valuable name and distinctive persona for its own financial gain,” the New York Daily News reported.

Faulkner took issue with the Hasbro packaging, which labels the toy a “choking hazard,” and she also had a problem with the hamster’s appearance, which she claims bears a “physical resemblance to Faulkner’s traditional professional appearance, in particular tone of its complexion, the shape of its eyes, and the design of its eye makeup,” according to the suit.

In its partial motion filed on Monday, Hasbro responded to Faulkner’s allegations, stating that the hamster toy’s round blue eyes, golden yellow fur, and wisp of medium-brown hair in no way resemble Faulkner’s almond-shaped brown eyes, African-American skin tone, or black hair, according to The Hollywood Reporter.

Faulkner’s original suit also described her as a “uniquely named, acclaimed veteran journalist and author” who "has worked for decades to establish and maintain her personal brand and laudable professional reputation,” according to NBC News.

“Because name-sameness is not enough to state a claim for a violation of one’s right of publicity under well-established law, and because Ms. Faulkner’s attempt to claim that the hamster toy misappropriates her likeness is implausible on its face, Ms. Faulkner’s Third Cause of Action alleging a violation of her right of publicity fails to state a claim for which relief can be granted and should be dismissed with prejudice,” Hasbro argued in its motion.

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Harris Faulkner's hamster lawsuit, in which the Fox News anchor argues that a Hasbro toy bears her name and likeness, is "implausible on its face," the toy company said in a motion to dismiss the case on Monday.
harris faulkner, hasbro, hamster, toy, lawsuit
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2015-06-27
Tuesday, 27 Oct 2015 03:06 PM
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