Lindsay Lohan claims the "milkaholic" baby in the latest E-Trade talking babies commercial allegedly used her name and parodied her life for profit.
According to the New York Post, Lohan is suing for $100 million over the E-Trade commercial that debuted during this year's Super Bowl.
The lawsuit is filed in New York state court.
The ad features a boy playing the stock market and apologizing to his girlfriend for not giving her a call the night before. The baby girl then gets jealous of a rival female baby, referring to her as "that milkaholic Lindsay."
Lohan's attorney, Stephanie Ovadia, said many celebrities including Lohan are known by one name only and E-Trade used that knowledge to turn a profit. In addition, the actress has the same single-name recognition as Oprah or Madonna, she said.
Lohan is suing E-Trade for $50 million in exemplary damages and $50 million in compensatory damages for using her "name and characterization" without her paying her or her approval.
E-Trade is seeking to have the claims dismissed, insisting they chose the name Lindsay at random. A spokesperson for the company said the name is a popular baby name and also the name of someone on their account team.
Lohan's lawyer claims the ad spot was seen by hundreds of millions during the Super Bowl and the Winter Olympics brought in huge profits.
Lohan will need to be prove whether the ad channels her in a way that is fairly obvious.
Ovadia claims that Lohan's rights under New York state law civil rights.
- Lindsay Lohan Considers Herself One-Name Like Madonna, Sues For $100 Million Over E-Trade Commercial (Business Insider)
- Lindsay Lohan Suing For $100 Million Over E-Trade Commercial (Star Pulse)
- Right of Publicity (Cornell Legal Information Institute)