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Lindsay Lohan v. E*Trade: The Milkaholic Lawsuit

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Have you heard about Lindsay Lohan’s lawsuit against E*Trade?

Back in March, Lohan sued the online financial company for $100 million over the “milkaholic” commercial that ran during this year’s Super Bowl. Lohan claims that the commercial, which can be seen in its entirety below, defamed her and violated her right to privacy as it used her “likeness, name, characterization and personality” without permission by basing the “milkaholic” character on her.

Lohan is currently on probation for cocaine possession and drunk driving stemming from an incident in 2007.

Here is the original commercial as it aired on Super Bowl Sunday a few months ago:

Stephanie Ovadia, a lawyer for Lohan argues that many celebrities such as Oprah and Madonna are known by their first names only; apparently, according to Ovadia at least, “Lindsay” belongs to Lohan.

“They used the name Lindsay,” said Ovadia to the NY Post. “They’re using her name as a parody of her life. Why didn’t they use the name Susan? This is a subliminal message. Everybody’s talking about it and saying it’s Lindsay Lohan.”

A spokesman for the Grey Group, the agency that produced the commercial, has stated publicly that “Lindsay” the milkaholic baby is actually named after one of their employee’s daughters.

Within the last few days, E*Trade filed for a change of venue from Long Island to Manhattan, where its own headquarters are located. In order to prove Lohan lives in Hollywood and not Long Island, E*Trade lawyers attempted to show how much time Lohan spends in California — and included pages and pages of examples of Lohan’s misdeeds as well.

What do you think of this lawsuit? Who wins?

P.S. You can also, incidentally, become a fan (“liker”) of Lindsay the Milkaholic on Facebook. Don’t forget you can also find LegalZoom on Facebook as well!

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May 12th, 2010 at 10:47 am