Lohan Sues, Says "Baby Lindsay" Is Making Fun Of Her
Are these adorable babies trash talking Lindsay Lohan? This E-Trade commercial shows a boyfriend baby and girlfriend baby video chatting, as babies in relationships do, when the girl baby asks if that "milkaholic Lindsay" was over his house the night before when he failed to call (men!). Then baby Lindsay pops up on screen, clearly lac-toxicated, and says, "Milkawhaaa?!" See for yourself:
According to the Post Lohan is now suing the financial company for $100 million claiming that baby Lindsay was modeled after her. She says it has caused her pain and suffering since first airing during the Super Bowl, and her lawyer argues that the actress "has the same single-name recognition as Oprah or Madonna." While the company that produced the spot says they just chose a popular baby name, Lohan's lawyer insists, "They're using her name as a parody of her life. This is a subliminal message. Everybody's talking about it and saying it's Lindsay Lohan." Well, there is sort of a resemblance.
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Ha. As a point of practice for the attorney, it may not be wise to describe the defendant's actions with language that admits the affirmative defense...namely that the act is a parody. That said, this isn't really a parody, because the right of publicity requires that the use either actually be the person in question or such that the reasonable person would make the association. Also, there isn't really any cause for defamation as there is hardly actual malice here, and the attorney's use of parody language goes to show there is no actual malice. Sorry Lindsay, but on a brighter note, have you guys seen this?:
She needs a job. She's just mad that there's a hot young starlet named Lindsey all diapered up and ready to steal her parts.
mrguy
case should be thrown out and she should be forced to pay court costs.
KweezyNYC
Google the attorney. She can't afford court costs.
Nothing so scary (NOT) as an attorney with an AOL address.
Boogie Down
Oh, Lindsay, you're more irrelevant now than ever. Just deal with it rather than making yourself out to be even more of a fool with ridiculous lawsuits. You fade away now, ok?
wobbleSmith
does anyone else find this commercial as disturbing as i do? the whole weird dude-bro baby with the implication that he's hooking up with some stupid milkaholic baby really really creeps me out.
lindsay lohan = so very desperate for money.
JenChungsBaby
It would have been creepier if they had the Lindsey character pop up from under the table instead of from the side. And maybe with a little milk on her lips.
Guest
+100
wobbleSmith
yeah. wow. that would be creepier.
you might have a future in advertising. or a present. or a past.
ilovejapgirls
how true it is, unlike hilton(rich heiress) or britney(amassed much more than lohan before her 'bad' phase) lohan has NOTHING to fall back on lol.
BTW, I admit that I thought of Lohan when I first saw that commercial. But so what?
40oz.killa
i'll still tap that
Thespis
You do that. I'll stand by with the gallons of penicillin you'll need afterwards...
Wza
lol
JenChungsBaby
What a dummy. Even if everything she says is true -- and there's some memo that her lawyers can find during discovery that specifically says that the baby character was modeled after her -- she still won't win a cent. All she's doing is bringing attention to what an idiot she is.
Bernie Madoff-Goetz
Her liver must look like a chewed up baseball mitt by now. Lindsay's, not the baby's.
Thespis
Lindsay? Well, the interesting part of this is that her case is effectively: "There's only one Lindsay recognized as an alcoholic slut...and that's me! That's my brand!" But since it's a common name, I doubt she has a case.
Now, if the baby had been named "Lohan," she might have a point. Also, if the baby had been named "drug-addicted whore," "psycho freak show," "Sam Ronson's dumpee," or "stanky skankasaurus (ROOOOOAAAAR)," I'd have immediately recognized the resemblance to Lohan.
But Lindsay? Nope. Unlike Britney (a name which is forever trashed by Spears), the name Lindsay isn't so associated with this one person that it is effectively out of circulation.
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