Paris Hilton got word from the 9th U.S. Circuit Court of Appeals on Monday that she can proceed with a lawsuit against Hallmark Cards Inc.

Hilton filed suit against the Kansas City-based greeting card company for using her likeness and her catchphrases in a birthday card produced by Hallmark.

A three-judge panel in California agreed with a lower court’s decision to reject Hallmark’s motion to dismiss the case on several measures, including First Amendment and anti-strategic lawsuit against public participation - or anti-SLAPP - claims.

The case originates from a card that Hallmark produced, titled by a caption reading “Paris’s First Day as a Waitress,” that shows Hilton telling a restaurant customer receiving a plate of food, “Don’t touch that, it’s hot.”

“What’s hot?” the customer asks.

“That’s hot,” Hilton responds, playing off an often-used catchphrase of hers, before concluding the birthday message on the inside of the card with, “Have a smokin’ hot birthday.”

Hilton, whom the appellate court described as “a controversial celebrity known for her lifestyle as a flamboyant heiress” and who is “famous for being famous,” then sued Hallmark for misappropriation of publicity and infringing on a federally registered trademark.

Judges did not rule on the merits of Hilton’s lawsuit, but rather on Hallmark’s attempts to get it dismissed. Kansas City-based law firm Lathrop & Gage LLP represents Hallmark.

The appellate judges did not accept Hallmark’s position that the card reflected publication matters in the public interest because it did not report on information, among other reasons.

Therefore, Hilton can continue with her lawsuit against Hallmark, the judges decided.