Remember the E-Trade Super Bowl commercial where the babies chat via computer and the little boy has a friend — “that milkaholic Lindsay” — over?
The New York Post reported that Lindsay Lohan is suing E-Trade for $50 million in exemplary damages and $50 million in compensatory damages for using her “name and characterization” without her approval.
We have not seen the lawsuit, so we cannot say for sure whether it’s sanctionably frivolous, but this does seem way out there.
We personally did not think of Lindsay Lohan when the babies were conversing, but her lawyer, Stephanie Ovadia, told the NYP that, “Many celebrities are known by one name only, and E-Trade is using that knowledge to profit.”
She went on to question why they didn’t use the name Susan and to suggest it’s a “subliminal” message. “Everybody’s talking about it and saying it’s Lindsay Lohan,” Ovadia said.
Tiger may have had a legally sound (or at least close enough) basis for asking PETA not to run its “little Tigers” sex ad, but we’re just not sure about this one.As a baseline issue for the suit to be successful, the ad needs to be channeling Lohan in a way that is fairly obvious, and that will be an uphill climb to prove. If we’re wrong, and you put down your chips and salsa and exclaimed, “Milkaholic! They must mean Lindsay Lohan!” — let us know.
For its part, E-Trade told the NYP that Lindsay is the name of someone on their ad team. The lawsuit is filed in New York state court.
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