An infamous lawsuit from actress Lindsay Lohan last year is one celebrity publicity rights case that critics often point to when claiming that celebrity rights have gone too far. The lawsuit pitted Lohan against E*Trade over a TV commercial that aired during last year’s Super Bowl. Despite her name, picture or voice not appearing in the commercial at all, Lohan claimed that it capitalized on her image.
The ad is one in E*Trade’s series featuring talking babies. A baby boy and baby girl are talking via video chat, and the girl asks whether “that milkaholic Lindsay” was over. Another baby girl appears at the end of the ad and says “milk-a-what?”
Lohan made two arguments in her lawsuit. First, she claimed that she was first name famous, like Madonna or Cher. Merely mentioning the first name “Lindsay” is immediately associated with Lindsay Lohan, she said. Second, Lohan claimed that the “milkaholic” reference was to Lohan’s troubled past with alcohol. The case must not have been too far-fetched, as E*Trade opted to settle with Lohan rather than risk her winning.
Is Lohan’s lawsuit against E*Trade an example of too extensive celebrity rights? States have varying standards on what infringes on a celebrity’s publicity rights, but California generally has one of the more celebrity-friendly systems. Protecting celebrities’ images helps celebrities control their “brand,” and it prevent others from unfairly cashing in on the work that they put into reaching a high level of professional success.
Klein Trial Lawyers – Los Angeles business litigation attorneys