Lindsay Lohan sues E-trade

Lindsay Lohan has sued E*Trade Financial Corp for $100 million, arguing that the "milkaholic" baby girl who appears in the commercial below was modeled after her. I have not seen the complaint in the case, but according to news reports I have read, Lohan alleges E-trade's use in the ad of the girl in the ad improperly invokes her "likeness, name, characterization, and personality" without permission, violating her right of privacy. The lawsuit is asking for $50 million in punitive damages and demands that E*Trade stop running the ad and turn over all copies to her. Here is a link to a good article about the case and some of the issues it raises. Among other things, it explains that Lohan faces a significant burden of proof because she needs a consumer survey that is methodologically sound, showing that a significant number of people understand the use of the single name 'Lindsay' to be a reference to her. But wait.... maybe it is not just the name.... Maybe it is the reference to a girl name Lindsay who is identified as a "milkaholic." Uhmm. So Lohan is going to have to argue that if people refer to an addicted Lindsay, others who hear the conversation would think they are talking about her. In response to the criticism over the lawsuit, Lohan's lawyer has stated: "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." Are you? Is that whay you thought when you saw the commercial? I have to say, I saw it during the superbowl. I laughed at it, actually... but not once, not for a minute did I think of Lindsay Lohan... I wonder who this "everybody" is that the lawyer is talking about.... I guess I can poll my students and get back to you on that... Here is the commercial: