Overlawyered: Chronicling The High Cost Of Our Legal System

Lindsey Lohan sues E-trade over baby commercial

On Super Bowl Sunday, E-Trade ran one of their annoying talking-baby commercials; this one featured a blond baby named “Lindsay” (the 380th most popular baby-girl name in 2008) that another baby calls a “milk-aholic.” This, says 23-year-old Lindsay Lohan, was a violation of the rights to her “name and characterization”; she’s sued in Nassau County, New York state court, and is asking for $100 million. The advertising agency says Baby Lindsay was named after someone on the ad team. [lawsuit via TMZ; NY Post; Reuters]

Commenter Richard Nieporent reminds us of the similar Spike Lee vs. Spike TV silliness.

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15 Comments

  • Whinner

    • By Doug

  • Two quotes:
    “He who takes offense when offense was not intended is a fool, yet he who takes offense when offense was intended is an even greater fool for he has succumbed to the will of his adversary.” -Brigham Young, who I believe was paraphrasing someone else

    “If the shoe fits…”

    • By D

  • Ms. Lohan really really really wishes she was so much as a pimple on Opra’s…….

    • By TC

  • She’s probably right. The levels of maturity are too similar to be mere coincidence.

    • By Nicolas

  • OMG…Is she the only female on this earth that has the name Lindsay…I would love to be on that jury…

    • By Wanda

  • stop whining ……… have you any idea how popular the name Lindsay is ????……you will never be as adorable !

  • I want $100 million for the pain and suffering I’m going through just listening to/reading about this ridiculous suit.

    Rule 11 sanctions for Lohan’s attorney and big fines to Lohan for bringing it!

    • By kimsch

  • She is not the only one who thinks the world revolves around her. Spike Lee sued because he though Spike TV was named after him.

  • Do Lindsay Wagner and Lindsay Vonn have a case too? Since this commercial was dialog, rather than print, how do we know it wasn’t an alternate spelling and that it wasn’t Senator Lindsey Graham or Lindsey Nelson?

    Rule 11 sounds like a good idea.

  • Guess what – People are talking about Ms. Lohan, and E-Trade too.

  • “name and characterization”
    I think the characterization is the important part here. She wants to be sure when people think Lindsey + addict, they think of her. It is a carefully cultured image she wants to protect.

  • Nassau County is the wrong place for Lindsay Lohan to have sued. The judges here are notoriously conservative, and the jurors are very stingy when it comes to making monetary awards. Unfortunately, Ms. Lohan sued in state court and not federal court so Rule 11 sanctions are not available. New York, in theory, has parallel provisions under 22 NYC RR section 130-1.1, but these sanctions are almost never granted.

    • By VMS

  • Too bad a talented actress such as Lindsay Lohan (included last name so she isn’t confused with the numerous other Lindsays out there) can’t pull her life together enough to look outside her own small inner self and do good for others rather than making an absolute fool of herself. This lawsuit shows that she truly has no class, is overly narcissistic, and is beyond selfish. Until this lawsuit, I thought the commercial was hilarious and “Lohan” never even crossed my mind (now it will). Sounds like a huge publicity stunt or just her vanity making decisions for her. Lindsay, you aren’t all that. Signed…very disappointed.

    • By JT

  • Thanks for that clarification VMS, IANAL so I didn’t know/didn’t remember that Rule 11 is federal… I just know that I wish more judges would use it and it’s state versions.

    • By kimsch

  • @14 Many states, but not New York, adopt the Federal Rules of Civil Procedure as their state procedural code. So many staes do have “Rule 11 sanctions”.

    • By VMS