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Lindsay Lohan and the E*Trade “milkaholic” baby

March 9, 2010 4 Comments »
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Lindsay Lohan has filed a lawsuit in New York against E*Trade, seeking $50 million in compensatory damages and $50 million in punitive damages.  She also seeks to have the advertisement pulled.  The advertisement, which premiered during Super Bowl XLIV,  involves an off-screen female voice asking the on-screen E*Trade baby through a video chat if “that milkaholic Lindsay” was over when he didn’t call her the night before, prompting another baby, Lindsay, to step into the camera and ask “milk-a what?”

The key analysis in most right of publicity claims centers around identifiability.  The question then becomes, is Lindsay Lohan identifiable from the E*Trade use?  I often add “unequivocally identifiable” to clarify the analysis.  Lohan’s attorney has stated that Lohan is famous on a single-name basis, just like Oprah or Madonna.  Whether that can be established may be up to the judge or jury if the parties don’t settle the claim first.

Here is a link to the story:

http://www.msnbc.msn.com/id/35780790/ns/business-media_biz/


4 thoughts on “Lindsay Lohan and the E*Trade “milkaholic” baby

  1. AllRise says:

    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

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