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one a few years ago, we wrote about the latest in a series of ridiculous statements made by Lindsay Lohan, whose lawyer appears to have a rather creative interpretation of the law sometimes. This time, it was a lawsuit against rapper Pitbull for mentioning Lohan in a song. Pitbull has a song with the words: "I was locked up like Lindsay Lohan." Lohan lawyers tried to argue that this constituted a violation of rights of publicity Lohan in New York State law (a law to stop unauthorized product endorsements) and defamation law. The costume was absolutely ridiculous from the start, but had a slight detour into absurdity when Lohan's lawyer, Stephanie Ovadia, said one presentations with the presentation Pitbull stranger than you'll ever read. Everything was basically long cut and glue the various online sources, without proof. Numerous passages copied had nothing to do with the current demand, and some others were completely absurd. Like this:

threshold of consciousness is the dividing line between what can be processed by the conscious mind and something that enters the subconscious without treatment. A hidden message is not intense enough to produce a sensation but has sufficient intensity to influence behavior and mental processes of the mind. The mind makes decisions based on conscious knowledge and reasoning skills are developed through experience and education ....

What I had to apply was unknown, but it was copied from an essay online.

Earlier this week, the judge (not surprising at all) dismissed the application by the First Amendment:

The Supreme Court has clearly stated that "[m] usic, as a form of expression and communication, is protected by the First Amendment." Ward v. Rock Against Racism , 491 U.S. 781, 790 (1989). Consequently, because the song is a work of art protected, using the name of the applicant does not violate the New York Civil Rights Law. addition, the court further noted that, although the application has not been rejected purely on the amendment first, the case had no chance, because the use of name Pitbull Lohan was not for advertising purposes or to suggest that somehow supported the song. Lohan lawyer tried to argue that because Pitbull is making money with the song and the name of Lindsay Lohan was in it the use was "commercial paper", which is (still) a very specific interpretation of what the law is clear, so that the court also noted that it was nonsense.

The fact that the song was probably created and distributed for the purpose of making a profit does not mean that the applicant's name has been used for "advertising" or " late trading "in the sense of the rights of New York Law civilians.

Going further, the court noted that

well

the First Amendment was not enough, and /

well

found that the user name was Lohan for advertising or trade, if

still

failed:
Even if the Court were to conclude that the applicant had alleged enough that his name was used in the song for commercial advertising, the isolated nature of the use of his name would in itself be fatal to your application New York Civil Rights Law. "New York courts are reluctant to impose liability under   50-51 for incidental use of a person's name or image, because of the danger of imposing an inappropriate and dangerous substances in the editors."
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