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: