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.
According to The Hollywood Reporter, 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.
According to the motion, "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."
In her $5M lawsuit, the six-time Emmy-winning journalist and host of Fox Report Weekend is contending that elements of the hamster toy "bear a physical resemblance to [her] traditional professional appearance, in particular [the] tone of its complexion, the shape of its eyes, and the design of its eye makeup."
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