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3 September 2015Trademarks

Fox presenter sues Hasbro for portraying her as ‘plastic hamster’

A presenter on US television channel Fox News has sued toy maker Hasbro for creating a toy hamster that she claims misappropriates her likeness and name.

In a lawsuit filed on Monday, August 31, Harris Faulkner said that Hasbro’s portrayal of her as a plastic hamster “was demeaning and insulting”.

She is seeking damages of up to $5 million.

The complaint, filed at the US District Court for the District of New Jersey, adds that the packaging for the doll, also called Harris Faulker, includes a ‘TM’ symbol which “falsely signifies that Hasbro claims a US trademark interest in Faulkner’s name”.

“In fact [Hasbro] owns no such interest, registered or otherwise,” the complaint said.

The toy, which the lawsuit claims mimics Faulkner’s eye make-up and appearance, was first introduced by Hasbro in 2014 and is part of the company’s Littlest Pet Shop brand.

According to Faulkner, she should be due damages because Hasbro has committed “direct and contributory” acts of unfair competition in contravention of the Lanham Act and has violated her right of publicity.

Faulkner appears on Fox News six days a week.

She is the anchor for the channel’s weekly, hour-long newscast “Fox Report Weekend”, a host and panelist on “Outnumbered”, and a contributor on current events programme “Happening Now”.

According to the complaint, the lawsuit is actionable because “Hasbro never sought—and Faulkner never gave—permission for her name, likeness, identity, or persona to be used in connection with the … doll. Nor did she assign, license, or otherwise consent to Hasbro using her name as a trademark”.

“Hasbro misappropriated Faulkner’s name, likeness, identity, or persona without consent, for its own profit, for the purpose of capitalising off of her good name and persona, all at Faulkner’s expense,” the lawsuit added.

Faulkner has also claimed that the toy is a “choking hazard” and is not suitable for young children. She added that she is “extremely distressed” about her name being wrongly associated with a plastic toy that risks harming small children.

The TV presenter is also seeking an injunction preventing Hasbro from “further violations”.

A spokesperson for Hasbro said: “While we generally do not comment on litigation matters, it is critically important to correct a false statement made in the complaint regarding the safety of the product.

“The Littlest Pet Shop product identified, and all products in the Littlest Pet Shop line, meet and exceed all safety standards.”

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