E*Trade: Lindsay Lohan Lawsuit Is 'Without Merit'
By PopEater Staff Posted Mar 11th 2010 04:01PM
You may not be taking Lindsay Lohan's lawsuit over a talking baby ad very seriously, but E*Trade surely is. The online investment company issued a statement to PopEater Thursday slamming the star's claims that the commercial exploits her image as "without merit" and promising a vigorous challenge to the litigation.
"While E*Trade doesn't typically comment on pending litigation, we felt it appropriate given the high level of interest in the E*Trade Baby," the statement reads. "We believe the claims are without merit and we intend to defend ourselves vigorously in this case."
Lohan is suing for $100 million, insisting that the company's commercial about a boyfriend-stealing, "milkaholic" baby -- who happens to be named Lindsay -- was modeled after her. The star's lawyer went further, claiming Lohan has single-name recognition among the general public, and that by naming the baby "Lindsay," E*Trade was "using that knowledge to profit."
The actress filed the lawsuit Monday in Nassau County Supreme Court over the commercial, which debuted during the Super Bowl this year. In the ad, a baby boy apologizes to his girlfriend via video chat for not calling her the night before. The suspicious girlfriend asks, "And that milkaholic Lindsay wasn't over?"
"Lindsay?" the boy replies, just before a baby girl sticks her head into the frame and slurs, "Milk-a-what?"
"They used the name Lindsay," Lohan's lawyer Stephanie Ovadia told the NY Post. "They're using her name as a parody of her life. Why didn't they use the name Susan? This is a subliminal message. Everybody's talking about it and saying it's Lindsay Lohan."
Lohan believes that under New York state law, E*Trade was supposed to ask for her approval before using the name. Ovadia said they want the TV spot off the air and want $50 million in exemplary damages and another $50 million in compensatory damages.
The company's full statement:
While E*Trade doesn't typically comment on pending litigation, we felt it appropriate given the high level of interest in the E*Trade Baby. With the E*Trade Baby, our advertising campaign is meant to be witty and memorable, while effectively communicating the powerful investing tools and services offered by E*Trade. We believe the claims are without merit and we intend to defend ourselves vigorously in this case.
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