Does Lindsay Lohan Have a Case Against E*Trade?

By PopEater Staff Posted Mar 12th 2010 09:09AM

Lindsay Lohan's case against E*Trade is heating up, with both sides trading barbs, denials and accusations over a TV ad about a "milk-a-holic" baby named Lindsay. Since being filed in New York on Monday, the lawsuit has raised more than a few eyebrows. Stephanie Ovadia, Lohan's lawyer at the forefront of the lawsuit, tells PopEater that skeptics need to look at the "totality of the commercial, taking into account name and characterization."

If you really want to know when E*Trade (or its ad agency, Grey Group) turned the corner and decided to model the boyfriend-stealing baby after Lohan, Ovadia asserts, all you need to do is look at the ad's script. "This script is a very important piece," she tells us. "Because, slowly, all of the pieces are fitting together to make one complete picture."

That "piece" of the puzzle emerged this week via Esquire magazine, which happened to be embedded with Grey while they were crafting the baby ads. In the original script, dated Aug. 11 of last year, the "other woman/baby" character was named Deborah. In an updated draft six weeks later, the "bimbus" (which was eventually changed to "milk-a-holic") was changed to Lindsay. Adding confusion to the mix, the name Deborah was still referred to later in the script, but scratched out for the new name. Check it out:

The document also includes notes and ideas from copywriters on alternate ways to describe the Lindsay character. Before choosing "milk-a-holic" over "bimbus," copywriters were also throwing around "gutter hound," "rug burn" and "skanky cake."

As we previously reported, Lohan is suing the company for $100 million, insisting they modeled the baby after her. Ovadia insists that because of her stardom, Lohan now has single-name recognition among the general public.

In Esquire, Ovadia asserts that "though Lindsay is a popular girl's name, when you say it on television for advertising purposes, it's identifiable as Lindsay Lohan."

Lohan's mom, Dina, agrees, telling the Post that "everyone knows Lindsay, like Cher or Madonna."

Grey Group argues that Lindsay is a popular baby name these days and hinted that the milk-a-holic may have been named after someone working on the spot, also named Lindsay.

Lohan believes that under New York state law, E*Trade was supposed to ask for her approval before using the name. They want the TV spot off the air and want $50 million in exemplary damages and another $50 million in compensatory damages.

On Thursday, E*Trade issued a statement slamming Lohan's claims as "without merit" and vowing to "defend ourselves vigorously in this case." They say they were simply trying to be "witty and memorable" with the ad. Watch It:

Tags: lindsay lohan

Comments

(141)

Friday 12 March

By Mark Gillin

Highest Rank Vote down Vote up Report this

Lindsay Lohan should do a full page print Ad in Variety, featuring Lindsay with a "Milk Moustache" like the old GotMilk campaign. The headline would read simply "MILKAWHAT!?!".

By rufus

lindsey would have a case if they had used the word SKANK.

By mbrul

if it turns out that lindsey wins, 1. start the revolution to overhaul our justice system, 2. the baby should sue.

By Stephanie

Let's face it...even if E*Trade did have Lindsay in mind, Milkaholic is the most positive moniker she's received in the last five years. UPGRADE!

By bawoshuaile

Lowest Rank Vote down Vote up Report this

Meet a Rich Match on

w w w . K i s s i n g R ic h . c o m

The bes t c l u b f o r
seek ing the rich singles, sex y beauties. ...what's the most important is that you don't have to be a milli onaire, but you can me et one. ...

Meet a Rich Match on

w w w . K i s s i n g R ic h . c o m

The bes t c l u b f o r
seek ing the rich singles, sex y beauties. ...what's the most important is that you don't have to be a milli onaire, but you can me et one. ...
HGHHHHHHhh

By themeeker

If the lawyer thinks there's a case here, then I believe that she is sharing Linzey Loman's crack pipe.

By regina7761

this lindsey is a real nut--i think she needs therapy--i feel sorry for the baby and anyone named lindsey

By Mike C

She is just to full of herself. Why is it that she assumes "Lindsay" is her? When I hear Lindsay, I don't ever think about her. Go back to rehab, and realize that the world not only does not revolve around you, but most just plain don't care about her.

By KissDanielle

well there you go assuming she is in rehab that proves that people think they are talking about her

By jb

Then by this account ETrade would need to ask ALL the Lindsey's across the country to use the name. Lohan is just to small time to be considered by her first name.

What do you mean assuming she was in rehab? Did I imagine all the drug and alcohol stories eating up t.v. time? If it didn't happen, maybe i need rehab

By cesweeton

Agree, there are a lot more notable Lindsey's out there than this self-center idiot. What about olympian Lindsey Vonn, olympian Lindsey Jacobellis, actress Lindsey Shaw, fleetwood mac Lindsey Buckingham, senator Lindsey Graham...

By Jeannie

Not to mention that if she hopes to win this case, she'll have to prove that not only does virtually everyone in the world just naturally assumes that "Lindsay" refers to her exclusively, but that the characterization as a man-stealing milkaholic will cause those of us who didn't think of Lohan initially conclude that they could have meant no one else...I'm kinda thinking she didn't really think this one through beyond the potential payday.

By joe

Lohan should grow up and get real. Does she really think anyone cares. What a premadonna

By GRUNT

LINDSAY WHO?

By Snake

Why are people so stupid? I mean I understand the drunken incidents that celebrities find themselves in because hey I do stupid stuff myself drunk! But I would have to think her lawyer is somewhat sober for her to understand the stupidity of all this!

By Royce

Her lawyer is seeing
green!!!!

By jean

I was raised by wolves, maybe our pack should sue!

By jim hegarty

Lindsey Vonn of Olympic fame. Lindsay Wagner, actress. Who is Linsdsay Lohan?

By jlwilt2

That's where my mind is, with Lindsey Vonn. She has had bigger and more positive name recognition than that mess, Lohan, over the past 2 months. Unlike Miss Lohan, Miss Vonn is current and relevant!!!

Page 1 of 8