EXCLUSIVE: E*Trade Calls Lindsay Lohan's $50 Million Lawsuit "Meritless"
Posted on May 10, 2010 @ 08:07PM
Online financial giant E*Trade is fighting back against a lawsuit lodged by Lindsay Lohan that claims the company used her name and celebrity without her approval in one of their famous baby commercials that aired during the Vancouver Olympics and the Super Bowl.
"Plaintiff Lindsay Lohan filed this lawsuit because E*Trade aired a commercial featuring a baby that happened to share the same first name as her and over 250,000 other women and girls in the United States," said the papers filed by E*Trade with the Supreme Court of New York on April 30. "Plaintiff's claims are meritless and should be dismissed as a matter of law."
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In the humorous video, the E*Trade Baby explains to his girlfriend via a webcam why he didn't return her call the night before. The girlfriend grills him about whether "that milkaholic Lindsay" had been over. The baby "Lindsay" then pops up on the E*Trade Baby's webcam asking, "Milk-a-what?"
On March 8, Lohan's legal team sued for fifty million dollars in damages saying the company used her "name, characterization, and personality" in the advertisements without her consent.
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E*Trade fired back, pointing out that she simply isn't famous enough to be recognizable by her first name unlike some other celebrities who have taken legal steps to protect that identity.
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"Although Plaintiff claims that she is well-known by the single name 'Lindsay,' celebrities who actually have achieved fame under one name, like Oprah, Madonna, Cher and Beyonce, have federally registered their names as trademarks thereby establishing the distinctiveness of their single names," the company's lawyers stated.
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Not only has Lindsay not made attempts to trademark her name, she is barely recognized by her first name, the company claims. "The fact that the plaintiff is not known by her common first name is further demonstrated by media coverage, which refers to her as 'Lohan' or 'LiLo.'"
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The company also points out other famous Lindsays like Olympic skier Lindsey Vonn, tennis player Lindsay Davenport, and actresses Lindsay Wagner and Lindsay Price. Furthermore, the company says, the "Lindsay" in the commercial is a baby while Lohan is a twenty three year old woman.
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The Daily Juice
May 04, 2012 @ 16:00
Well, let's face it, Lindsay the baby is a MILK-aholic and a MAN grabber. C'mon, Lilo, those aren't YOUR vices!
Posted Tue, 05/11/2010 - 8:24pm
Saw the commercial, never even thought of her. That is going to be very difficult to proove
Posted Tue, 05/11/2010 - 3:16pm
50 MILLION????? HOLY CRAP!
Posted Tue, 05/11/2010 - 12:38pm
She's broke broke and trying to get some big money
Posted Tue, 05/11/2010 - 8:37am
I am sure a lot of people did not even think about Lindsay L. when they said the babies name, not until Lindsay made a huge deal about it. Maybe e-trade could pay LL for advertising, a lot more people know of e-trade because of this.
Posted Tue, 05/11/2010 - 8:31am
Etrade doesn't owe her broke a** anything. She does NOT have single name recognition except as Lilo. She and her family are broke and grasping. Dina/Michael please stop posting.
Posted Tue, 05/11/2010 - 12:12am
E*Trade needs to be sanctioned, big time. I used to work there. The lame and ineffectual SEC/Office of Ombudsman is so inept in enforcement, just unbelievable. 500 million is a better number Lindsay.
Posted Mon, 05/10/2010 - 11:17pm
CANT WAIT TILL THE MEAN GIRL GETS HERS.
Posted Mon, 05/10/2010 - 10:37pm
WELL , YA KNOW, SHE IS JUST REACTING TO THE NAME LINDSAY, AND A BABY BEING CALLED A MILKAHOLIC. GUESS SHE CAN RELATE A BIT SINCE SHE IS AN ALCOHOLIC AND DRUG ADDICT-NARCISSIST.
Posted Mon, 05/10/2010 - 10:24pm
she is desperate for money now, so she will just make a fool of herself. her and her enabling lawyers. how does she pay them??i hope the d.a. and the judge slam the book at her. behind bars or rehab. stop her now.before a dui.
Posted Mon, 05/10/2010 - 10:25pm