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 themeeker

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The only case Linzey Loman has is a case of the clap.

Mark, the only problem with that suggestion is that no one would think the moustache was from milk ;)

Saturday 13 March

By Jim

themeeker: that was awesome!!

By troy

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That's what i'm talking about!

By Lisa

I believe L.L. created her own struugles they were her choices; so when you put yourself out expect, and accept, the consequences.

By venom

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no case but still has nice tits

By Donna

If she wins then I am going to have my neice Lindsay sue too... because they could have been talking about her... ( How insane) Lohan is so paranoid from drinking so much she thinks everyone is talking about her...And out to get her... Lindsay you are a very pretty girl... straighten up your life so you have a longer life to live...then you will see what happiness is and you won't need to be suing people for lame reasons....

By lively

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You have an excellent point. My neice's initials are also L.L., and her first name is Lindsay...So, I think that she should start a suit against skank woman here for defaming the name Lindsay, and the initials L.L.

By luckiwin

I agree, I would have thought of Lindsay Vonn, not Lohan. I am so over Lindsay Lohan. She was a mediocre actress who got alot of great parts and didnt even do that good with them. Now she is a drunk. The only reason she is famous, is the media is keeping her in the news leaving clubs looking like death warmed over. I do NOT associate her with a cute baby ad. Get over yourself Lohan.

By cirkdiesel

So can a struggling actress named Deborah ,that has drug and relationship issues, sue etrade, for not using her name, that all her town knows her by just Deborah, "you know Deborah", that could have been her claim to fame. Milka please!

By Ann

If Lindsay wins this one, I'm going to McDonalds and spill hot coffee in my lap. She should retain the same lawyer that pulled that stupid law suit off.

By Oldknight

Who is Lindsay Lohan? "Res Ispa Loquitur."

By lyn

Another self-centered addict with too much time on her hands

By evol1

i guess since she can't get work anymore she has to get money somehow...... she should get over herself

By JD

Looking at the script above, the name "Lindsey" already appeared twice before the crossed out portion. So they were already using it, not changing it. The person Lindsey should be sueing is her "lawyer" for proceeding with this law suit and further damaging her reputation.

By louie

okay if she has a case against e-trade then i m going to go after the taco bell dog and all the mexicans should go after IT ALSO OH PLEASE ( she is freaking retarded get a life) make a movie do somthing WITH YOURSELF damn most of you movie stars get a chance to do somthing and you messED it up ( THAT IS YOUR CHOICE) rich people i wish you could walk in a real persons shoes you WOULD NOT LIVE 1 MONTH AND YOU WITH OUT MONEY AND YOU WANT TO TAKE STUFF for granted PEOPLE THAT LIVE ON A CHECK TO CHECK BASES MIGHT BE HAPPIER THAN YOU ARE ..........

By mgers34912

The women is almost broke and get get a job in hollywood anymore. She is not smart enough to have thought this lawsuit up. It's probably a lawyer looking for his 15 minutes. This is what is called a nuisance lawsuit. The lawyer will get his cut, Lohan will get some more drug money and ETrade will get what it wants, just have her go away and everyone will be happy.

By tina8121

Lohan needs to get over herself already. what this shows me is that since she is'nt making a living at entertainment she is stooping to anything for money. Also it shows yet again that lawyers will do anything.

By lektrkd

who gives a SH*T

By miche

.... you know, I thought that this was a crazy asertion on her part, but if you do a google search for "lindsay" vs "lindsay lohan" you drop from 50.8 mil to 20.2, so of all of those "lindsay" hits, 20.2 mil have to do with her ..... then if you do a search with "lindsay -lohan" you will find that the remaining sites are mostly about "lindsay corporation" or "lindsay city", NOT about other people with that name.
I think those clever ad guys WERE trying to make fun of her ... funny part was that I didn't even realize what they were doing it until she tried to sue them for it, how is that for ironic?

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