Since Lindsay Lohan filed a lawsuit against E*Trade on Monday, the “milk-a-holic” baby case has been going sour. Lindsay’s lawyer, Stephanie Ovadia, believes the baby was definitely modeled after Lindsay. Stephanie explained to PopEater that critics of Lindsay’s claim need to see the “totality of the commercial, taking into account name and characterization.”
Lindsay is suing the company for $100 million and claims E*Trade should have asked for her permission to use the name under New York state law.
Instead of looking at just the E*Trade’s, or rather their ad agency Grey Group, commercial, Stephanie says you need to look at the script.
“This script is a very important piece,” she told PopEater. “Because, slowly, all of the pieces are fitting together to make one complete picture.”
Esquire magazine posted the original script this week, which shows an original name of “bimbus” was changed from Deborah to Lindsay.
“While E*TRADE doesn’t typically comment on pending litigation, we felt it appropriate given the high level of interest in the E*TRADE Baby,” the company said in an official statement. “With the E*TRADE Baby, our advertising campaign is meant to be witty and memorable, while effectively communicating the powerful investing tools and services offered by E*TRADE. We believe the claims are without merit and we intend to defend ourselves vigorously in this case.”
Watch the commercial again below. Do you think Lindsay has a case against E*Trade?