Wednesday
Mar102010
Wednesday, March 10, 2010 at 12:02AM Lindsay Lohan Suing E-Trade Over Super Bowl Ad
I guess if nobody will pay you to work, you might as well try to make money the old fashioned way: Take 'em to court.
Lindsay Lohan has filed an outrageous suit in the amount of $100 million against E-Trade for using her likeness without permission in its
Super Bowl ad.

You remember the ad, right? The one where the new E-Trade baby is online chatting with his "girlfriend," who wonders why he didn't call
the previous night. He explains that he was trading and she doesn't believe him, asking at one point if "that milkaholic Lindsay" had
come over to his place. That - a reference to a milk addict named Lindsay - is somehow worth $100 million in Lohan's gin-soaked mind.
Here's the breakdown: $50 million in exemplary damages, $50 million in compensatory damages, a demand that E-Trade stop running the
offending ad, all because the company improperly invoked Lohan's "likeness, name, characterization, and personality," thus violating her
right of privacy.
Your honor, I may be just an unfrozen caveman lawyer, but there are three things that stand out to me:
1) Lohan is not the only Lindsay in the world, but she claims to have "single-name" recognition like Oprah and Madonna, both of
whom...umm...market themselves by their first names (i.e. O, The Oprah Magazine). Last names aren't required in those cases because an
effort is made to establish single-name recognition. So that's not true.
2) Even if it were, how can Lohan claim that $100 million worth of damage had been done to her reputation? In what universe is her
likeness, name, or characterization currently generating that kind of money?
3) If the argument is that, as a "milkaholic," Baby Lindsay is somehow not only connected to the real Lindsay but that the representation
is unfair and unflattering or even false, then Lohan shouldn't have said in a statement three years ago, "It is clear to me that my life
has become completely unmanageable because I am addicted to alcohol and drugs."
So, even if the company was drawing a comparison - which never occurred to me and maybe the majority of those who saw the ad during the
Super Bowl and subsequent viewers - calling her a milkaholic is not defaming Lohan in any way, because she's a drunk. If anything, it's a
satire. More than likely, it's just a coincidence. And either way, it's the kind of straw-grasping desperation we're seeing a lot of out
of Lindsay Lohan these days.

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Reader Comments (3)
The Lindsay Lohan VS. E-trade case is now open at AllRise online court. Join the debate and cast your vote - http://bit.ly/AllRise288
Lindsay Price has more of a case at this point...
Her skanky momager HAS to be behind this...