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 Heather

Vote down Vote up Report this

OMG..I love this ad. But I think "Lindsey" may have a screw totally loose..(no shocker there) you dont see the Twilight
or Wolfman going after E-Trade.
Grow up girl you have had your 5 minutes of lame...or sorry I mean fame...

By Pamela Mills

It never accured to me when viewing the ad that they had Lindsay in mind when they made it. This young woman has an elivated sense of self so of course everything is about her.

By Dennis R.

Lindsay Lohan claims she has a career that makes her identity worthy of a single name in the mid of the public? Right, sure. In her wildest fantasy maybe. Funny thing, I did not even know Lohan still had a career.

Maybe everyone that has the first ( or last name) of Lindsay should file a lawsuit against Ms. Lohan for tarnishing their good name.

By amyfrombelmont

I don't see the resemblance...

low on cash, Lindsey?

By KellyAnn

High Rank Vote down Vote up Report this

This is unbelievable! I have a daughter named Lindsey, does that mean that Lohan will sue me also? lol! The name Lindsey has been around for quite some time-remember Lindsey Wagner? I'm sure that the name Lindsey has been given to little girls way before Ms. Wagner became famous as well. Maybe if Lohan could sing and act, and didnt blow her money on drugs and alcohol, she would not have to sink so low as to sue E*Trade so she can make some money. Lindsey has definitely redefined the word frivolous. Just my opinion.

By John

She's fading from the public eye and this is just a publicity stunt.

By Julie

I think L.L. has a case. As soon as I heard about the suit I thought to myself, "Yeah, that is who they are talking about."

By William

Souns to me like Lohans star is fizzling and she will do anything to stay in the headlines and try to make money while doing it. Go back to rehab girl lol

By rob

Who does Loser Lohan think she kidding? Shes probably near broke, & needs a bailout!!! Afterall she needs to pay for the booze & drugs somehow

By Smack

Cry me a milk river, can one's own ego explode to the moment of one name branding? She needs to understand she could make more money on a show called psych-rehab. "My Ego is biigger then yours"... "no it's not, I'm known ALL over the WORLD as "your name here"

By wlfulton56

Clearly,what we have here is a desperate has-been and an even more desperate lawyer trying to make a buck off a witty cute TV ad that has nothing to do with Ms. Lohan. Lohan and the lawyer must think that the entire nation must be thinking non-stop of Lindsay and absolutely nothing else. I mean really.... she just isn't important enough to worry about.

By iseethruit

A waste of time law suit she's trying to go with a big dollar amount hoping they would settle out of court what a joke of a suit drop it and get on with your life.

By joetinva

What stupid timing for this lawsuit. Lindsey Vonn was one week from going to the Olympics and earning Gold and the drug addict, alcoholic thinks someone was talking about her. The suit is a publicity stunt to get her name in front of the public. And nobody cares about her at all.

By xxrosexofxsharyn

I said it on the last story about this and i'll say it again-THIS IS SO STUPID! I never once thought that this ad had anything to do with or was "based on" that stupid girl and I never heard anyone else say they thought that till this dumb story came out. I think she is the ONLY one that actually thinks it's about her. You are not the only person named Linsday you idiot. Stop the waste of time and money this is causing, please.

By linda in washington

Her ego must be as big as her but to think when you say her name they are talking about her !

By Jodi

I think anyone given the name Lindsey prior to Lohan messing it up should sue her, and her family for defamation!

By Steve

The Scanky bimbo and her lawyer should be fined for filing a frivolous lawsuit!!! What a bunch of crap! Go crawl back into your bottle ya bimbo!

By SgtJoeFriday

If Linday Vonn and Lindsay Wagner joined in, then they could make it a class action suit (LOL).

By Harry

Lindsay Lohan has no case. She is not popular enough to be known as a one name celebrity like Madoona, Cher, Prince, etc. Nobody thinks of her when they hear the name "Lindsay".
People will think of her now as a stupid publicity seeking lowlife. Oh gee whiz, nothing has changed!
I hope E-Trade can turn this back on "Lindsay" and sue her for the last few dollars she has.

Page 5 of 8