The Super Bowl may be long over, but Brand Battle 2010 continues to rage on, as yet another commercial is bit by the controversy bug — this time one of those adorable spots from E-Trade featuring a talking baby named “Lindsay.”
According to the New York Post, actress Lindsay Lohan is suing the investment site on the grounds that the man-eating, substance-abusing baby in the commercial is based on her.
Lohan’s lawyer, Stephanie Ovadia, is asking that the commercial be taken off the air and every copy of the offending spot be rounded up (which could now be more difficult given today’s coverage). The actress is also asking for $100 million.
According to Ovadia: “Many celebrities are known by one name only, and E-Trade is using that knowledge to profit… They used the name Lindsay…They’re using her name as a parody of her life. Why didn’t they use the name Susan? This is a subliminal message. Everybody’s talking about it and saying it’s Lindsay Lohan.”
Ovadia also says Lohan was mistreated because E-Trade didn’t get her approval nor offer her compensation for allegedly being referred to in the ad. Now, the lawyer says her client is owed $50 million in exemplary damages, as well as $50 million in compensatory damages.
Although Ovadia says that the spot — which debuted during the Super Bowl and aired during the Winter Olympics — helped garner E-Trade mucho money, it wasn’t one of the most popular ads to premiere. It didn’t rank tops with either online viewers or couch potatoes (although the talking baby series has racked up a lot of success in the past).
Still, today it joins a cadre of commercials that cleaned up on hits due to controversy — including the Tim Tebow spot, GoDaddy’s rejected “Lola” ad and men’s-only dating site ManCrunch’s similarly punted ad.
One could argue that by suing E-Trade, Lohan is calling even more attention to the ad in question. As of right now, the ad has nearly 2.5 million views on YouTube. It remains to be seen — most likely tomorrow — what effect this lawsuit has on further increasing visibility. But judging from the fact that it’s been cropping up all over the web since the litigious news hit, you can bet Lohan’s legal ire will ensure the vid’s virality for at least the remainder of this week.
Check out the vid below and let us know in the comments whether or not Lohan has a case.