Posts Tagged: "lindsay lohan"

If the Shoe Fits: Analyzing Lohan and Sgt. Sarver Right of Publicity

The buzz continues about Lindsay Lohan’s suit against E*TRADE over its use of the name “Lindsay” to identify a “milkaholic” character in the latest in its ongoing series of talking-babies commercials. Not coincidentally, shortly before the Academy Awards broadcast—Army Sergeant Jeffrey S. Sarver brought suit in the District of New Jersey, alleging that the lead character of the film The Hurt Locker, which subsequently won the Best Picture Oscar, was a depiction of him, for which he was owed compensation.

Robert C. Cumbow

March 15, 2010

The Right of Publicity: A Doctrine Gone Wild?

The recent dispute involving Lindsay Lohan and ETrade provides an opportunity for critically examining the right of publicity. One defense that ETrade could raise would be parody since it is common practice – and a strongly protected free speech right – to make fun of people. Nevertheless, courts have distinguished between simply making fun of someone and making fun of someone in order to sell a product.

Andrew Beckerman-Rodau

March 11, 2010