Lohan v. Perez

924 F.Supp.2d 447 (2013)

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Facts

Lindsay Lohan (P) commenced this action against defendants Armando Christian Perez (a/k/a Pitbull) and others (Ds) that D violated Sections 50 and 51 of the New York Civil Rights Law by using plaintiff's 'name, characterization, and personality for advertising purposes, and for purposes of trade and commercial benefits' without her consent. P is 'a professional actor of good repute and standing in the Screen Actors Guild.' Ds each 'served in the capacity of creator, writer, lyric writer, artist, and singer of the song 'Give Me Everything,'' The Song was a hit. P alleges that the Song 'includes an unwarranted, unauthorized, and unfavorable mention of [her] name and personality, and allusions to [her] physical and mental character.' P's name is used as follows: 'So, I'm tiptoein', to keep flowin'/ I got it locked up like Lindsay Lohan.' P alleges that she did not consent to or authorize the use of her name in the Song, and that the 'appearance of [her] name and characterization' in the Song 'causes [her] to be associated and identified in connection with Ds.' P alleges that Ds used P's name 'for advertising purposes, and for purposes of trade and commercial benefits.' P seeks monetary and injunctive relief, asserts that Ds violated New York Civil Rights Law Sections 50 and 51 by using her name in the Song, makes a claim for unjust enrichment claim, and (3) a claim for intentional infliction of emotional distress. Ds moved to dismiss.

Nature Of The Case

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Issues

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