Just when we were waiting to see what Lindsay Lohan would do next, she did not disappoint, Lohan is now picking a fight with a baby. Actress Lindsay Lohan filed an invasion of privacy lawsuit in Nassau County on Monday, against E*Trade Financial Corp.
Apparently, the E*Trade baby is on Lohan's hit list, infringing on Lindsay Lohan's commercial identity. The E*Trade baby under scrutiny is a milkaholic baby named Lindsay, who appears in the E*Trade Superbowl commercial, among others. In this commercial, Lohan's complaint alleges, Lohan's "look a-like name, characterization, and personality" constituted an unauthorized use of her commercial likeness.
The ad in question features a baby boy apologizing to his girlfriend over video chat. The girlfriend then asks about "that milkaholic, Lindsay" at which point, the baby presumably named Lindsay pops onto the video chat saying "Milka-what?"
Lohan's New York injury lawyer argues that Lohan has single-name recognition, like Madonna or Oprah. As such, it would only be presumed that the "milkaholic Lindsay" would refer to the real-life Lindsay. Lohan has gained notoriety in the media for having substance abuse problems.
Lohan brings her suit under Section 30 50 of New York's civil rights law, bringing E*Trade Securities and E*Trade Bank under New York's Long Arm jurisdiction. In her suit, she asks for both equitable and legal remedy.
For the uninitiated, equitable remedy is typically in the form of an injunction or something else that is not monetary. Legal remedy refers to monetary type of remedy, such as damages.
Lohan is seeking an injunction. She is also asking E*Trade to account for all profits derived by the use of her name and for $50,000,000 (yes, that's $50 million dollars) in monetary damages.
Lohan's high-profile New York injury lawyer is famous for her representation of Jon Gosselin's ex-girlfriend, Hailey Glassman.
Related Resources
- Lindsay Lohan sues over milkaholic ETrade ad (Reuters)
- Read Lindsay Lohan's Complaint (TMZ)
- Form: Invasion of Privacy (FindLaw)
- Find a New York Injury Lawyer (FindLaw)
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