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Ad Company's Notes Reveal More In Lindsay Lawsuit!

| Filed under: Lindsay LohanLegal MattersADorationDina LohanMichael Lohan

The E-Trade commercial that spurred Lindsay Lohan to take legal action may have been influenced by the hard pAArtying starlet after all!

An Esquire magazine reporter got an inside look at the Grey Group's ad-making process and obtained the notes made while brainstorming for the commercial. The baby named Lindsay in question was originally named Deborah!

But the notes showed Deborah crossed out with Lindsay added instead as well as a bunch of descriptions on the same page including, "gutter hound," "fish face," "rug burn," and "skanky cake."

We like that last one, but as you know they settled on "milkaholic" for the Super Bowl spot.

Lindsay's mom Dina was mortified by the notes saying:

"We think it's obvious. [The notes are] horrific. This just proves our point. Oh my goodness, I can't even read this, it's so disgusting."

Well if it was based on La Loca E-Trade wasn't completely off-base, were they? That's LiLo's image right now whether she likes it or not!

Do U think the Lohans have a case? And why hasn't Michael Lohan chimed in at all?

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100 comments to “Ad Company's Notes Reveal More In Lindsay Lawsuit!”

  1. 1

    I think it's funny that after reading the notes containing those references that Dina says "We think it's obvious." Thanks MOM! LOL.

  2. 2

    I don't see how those notes point to Lohan. I work in advertising, they were just brainstorming silly ideas. Yes, describing a baby as "rug burn" or "fish face" is offensive, but I no matter how gross and skanky Lohan is, it could be about ANYONE.

  3. 3


    Um…no, Dina. It is you, your ex-husband and Lindsay who are disgusting.


    Truth hurts, 'eh, Dina.


  4. 4

    They are just desperate for money! Celebs are made fun of when they act a fool.

  5. 5

    this is silly. IF there's anything there, all they have is reasonable doubt. There's no evidence they actually meant her just because they used the name Lindsay. There are over 90,000 in the US ALONE with that name..

    and, besides, even if they did mean her, which they probably did by calling her a milkaholic, she talks about her struggles with addiction ALLL the TIME… I'm pretty sure libel and defamation of character are meant for those who are smeared with UNTRUE allegations… good lord, la loca.

  6. 6

    they don't have a case because there's no evidence that lindsanity LOLhan is only known by the one name. If they had called the girl "firecrotch" or "lilo" or something it would be a different story. Lindsay Lohan may be famous, but not among those who follow e-trade, and certainly not by only her first name. My husband has an e-trade account and since he doesn't follow pop culture, he's never even heard of her.

  7. 7

    The only way the notes prove it is if the name Lohan was written somewhere. MAYBE if the word firecrotch was there. Interesting that even her mother translates the notes to Lindsay. I think the Lohan's are doing a great job of defaming her all on their own! They have no case!

  8. 8

    I still dont see a connection, if they put Lindsay LOHAN in the report than yes I would draw a connection. Lindsay get your skanky dirty ass a job

  9. 9

    Orange Oprah says it's disgusting to read the notes, but she's okay for her daughter(s) to go out and drink until they can't walk. Your daughter is a skank. The oranges fall close to the tree

  10. 10

    let's be honest here: lindsay is a skanky name. it's a well-tested and documented scientific fact. nothing personal, miss lohan.

  11. 11

    I saw this commercial before she filed the lawsuit, and didn't think of Lindsay Lohan. Did anyone else? This will be dropped. No judge in their right is going to listen to this crap. They can't prove anything. They didn't specifically use the name "Lindsay Lohan"…they just used the name Lindsay, that could be anyone. She needs to get the fuck over herself. "Everyone knows Lindsay, like Cher or Madonna." - No they don't! These people are beyond delusional.

  12. 12

    Hey, I'm an attorney and could relate to the newscaster on HLN who reminisced about his favorite case in law school, Hustler Mag v. Falwell. That case was about a cartoon WAY worse than this f'ing E-Trade commercial, Jerry Falwell was banging his mother in an outhouse! Supreme Court said it was a freaking caricature & that the 1st & 14th Amendments PROHIBIT public officials and persons from recovering damages for emotional distress! CASE CLOSED LINDSAY, go back to work you f'ing skanky cake!

  13. 13

    Dina: "I saw the terms gutter hound, fish face, rug burn and skanky cake and knew it was about my daughter. Anyone else find that hilarious?

  14. 14

    I don't think they have a case at all. Unless the notes say "Linday LOHAN," they've got nothing. As far as I know, Ms. Lohan is not the only person in the world named Lindsay.

    In my opinion, it just shows what Lindsay and her mother seem to think of Lindsay. If they are so convinced that the ad is about Lindsay Lohan, then they obviously think she is all those things that they imply the ad conveys.

  15. 15

    Hey Dina & Lindsay, if the shoe fits, kick yourself with it!!!

  16. 16

    Re: tania7 – haaahaaaa sooo true ! They have no case, those notes dont mean squat since they didnt meantion her full name

  17. 17

    Speaking as someone named Lindsay, I would like to sue her for defamation of my name.

  18. 18

    I don't see how Dina can hold up through one more public scandal. That woman has been through everything and still has to raise three little ones all on her own. Now slander and deprecation from a giant conglomerate. $100M is not enough, I say.

  19. 19

    Am I the only one who sees the irony in the fact that Lindsay's own MOTHER hears the words "gutter hound," "fish face," "rug burn," and "skanky cake" and IMMEDIATELY ASSOCIATES THEM WITH HER DAUGHTER?! "It's obvious"?! If it's so obvious to you and the world that your daughter is a "skanky cake," shouldn't you be more concerned with the WELLBEING of your DAUGHTER rather than trying to make a buck off of a frivolous lawsuit?!

  20. 20

    If her own mom takes all those words about Lindsay, then Lindsay isn't doing anything to help her downward spiral of a career.

    I'm actually surprised Michael Lohan said nothing. More so if he does, it's still so late in the game. Maybe he thinks this lawsuit is pretty damn stupid. lol

  21. 21

    lindsay lohan is such an ego-maniac of COURSE she thinks it's about her, even when it's clearly just a coincidence. Does she have ANY idea how many people are named Lindsay? They just picked that name cause it's a name, not because E Trade wanted to publicly defame Lindsay Lohan. Poor girl, thinks she's still that relevant.

  22. 22

    Re: Americana2 – absolutely. its pretty ridiculous.

  23. 23

    NO CASE AT ALL… We know the whole family is delusional and now maybe we can add the word narcissist to the whole thing. As a resident of Nassau County where the suit was filed, we the tax payers now have to suck up this BS with court time that should be spent on more important things. I don't even know why the filed the suit here, Lindsay is not a resident of our county. Her Mom & Dad are but I am guessing she still gets mail at her home in Merrick which qualifies her to be a resident. Her lawyer is also known as a joke in our county. She has 8 kids to feed so I guess she will take any case that come from under a rock. I think I just may go to court on the day they are there so I can video the judge laughing hysterically over this case.

  24. 24

    Who the hell does she think she is???? CHER…maybe…ELVIS…….maybe…..
    I personally didn't even think of her. I guess if you're 12 you might think of Lindsay. Get a grip girl……you dont matter anymore….really…

  25. 25

    "Fish face" "Skanky cake" "Milkaholic"..WELL IF THE SHOE FITS…

  26. 26

    its not obvious at all…….they just want to make sure they get all the press good or bad…..WTG Lohan's…….

  27. 27

    "Skanky cake"?? ROFL!!! I LOVE IT!!

  28. 28

    Fact of the matter is, all she does now is give interviews about her drug use…so explain to me exactly how she was damaged by this?

  29. 29

    This is iron-clad proof how totally brainless and stupid the Lohans are. There is a baby who happens to be named Lindsay who is described as a milkaholic with other scribbles of extremely unflattering names and they go public and say they must be describing Lindsay Lohan. How freaking stupid and dumbass. Maby they were, but do really want to draw attention to it by going public and stating they MUST be referring to my daughter personally because of the descriptions used? Stupid and dumb as fucking hell.

  30. 30

    you know the more I think about this, the more it bugs me! I have an e*trade account and my husband has 3 of them. I'm writing to them and telling them that if they settle and give one thin dime to these twats, we're pulling out and putting our money elsewhere. As a matter of a fact, I think they should countersue and get their legal expenses paid for!

  31. 31

    I think that if Lindsey wasn't a drunk, crazy ho then she wouldn't see herself in the ad. The truth usually hurts.

  32. 32

    Obvious??? I still dont see it!

  33. 33

    Come on! Babies just aren't named DEBORAH anymore! Lindsay is a popular youthful name… this is stupid.. In fact.. the brainstorming ideas just prove that they weren't thinking of Lindsay Lohan because Deborah would never have been considered and milkoholic would be the only choice.. But the add is about a boyfriend stealer so any slutty reference would be acceptable.. I hate the Lohans.. they are truly pathetic.

  34. 34

    LMAO They're suing because of THIS? Whether it was based on her or not, this is the most publicity she's gotten in a while (other than stalling that Dior show recently), this girl seriously couldn't get good publicity if she tried (and she has…so, so many times), she should take the bad publicity because at least this keeps her name in the paper and keeps her kinda/sorta relevant.

    Deborah is also not a current baby name, Lindsay is much more current and hip. That could be a defense for them. Either way, there is no way that Lindsay and her sad excuse for a publicist…errr…mom will will this. They're such a joke.

  35. 35

    I LOVE this commercial (and their others too!) If in fact it IS based on LaLohan, she should be complimented! At least SOMEONE still finds her relevant!

  36. 36

    When I heard about this I asked my husband this: On those baby commercials they refer to a baby as a milkaholic and her name is Lindsay. Who do you think they are refering to. His reply was that Lindsay Lohan person. He has no clue what she even looks like but I read all the gossip crap and tell him stuff. He was able to clearly see the reference. I am not a fan of hers but I think that they did pretty much think they were being funny and are refering to her.

  37. 37

    She must REALLY be desperate for money.

  38. 38

    P.S.-like others, I've seen this commercial before I knew about this bullshit lawsuit and Lindsay Lohan was not even close to my mind. Dear Ms. Lohan, you are not the only female named Lindsay. It's a joke and if she can't take this shit she should try a LITTLE harder to clean up her act.

  39. 39

    Even if it was based on Lindsay, she doesn't have a legal foot to stand on. If anything, it would be a parody-the same crap SNL does-which is completely legal. Having said that, I STILL don't think a BABY in an ad was based on her. She's just obtuse and arrogant. And of course, trying to stay relevant.

  40. 40

    I don't see the connection. There are plenty of girls named Lindsay out there. If she feels that those descriptions are of her….I would hope that she take note and change her ways. I personally never thought that there was a connection. There are a lot of young girls named Lindsay and I just thought that it was current. Deborah just doesn't fit. It is the name of someone in their 40's.

  41. 41



  42. 42

    So if it's so "horrific" for her mom to read, she must think all of those names apply to her daughter!!! If you thought your child was as "amazing" as Dina claims Lindsay is, after reading those descriptions, you'd be able to walk away from the lawsuit, SURE it wasn't talking about your child… So, of course she and Lindsay know she's a "skanky cake"…lmao Get over yourselves!!! You're both pathetic!!!

  43. 43

    This whole family is an embarrassment to the whole nation

  44. 44

    Okay, Dina Lohan, lemme get this straight…. because the ad company's notes included nicknames like "gutterhound" and "skankycake" written in the margins of the copy for this commercial it is "obvious" that they are referring to your daughter. Nice. Way to insult your kid…….no wonder she is such a hot mess.

  45. 45

    If I was her I be glad they settled on milkaholic and not one of the others….she has no leg to stand on it falls under the parity law…if they had used the last name maybe but that's just not the case is it.

  46. 46

    No she has no case since they didn't mention her last name.. and it's funny how we all know it's about her and even she knows it.. you would think she would try and get help and not make money off this to go buy more drugs and booze!! i hate this whole family such lowlifes all of them.

  47. 47

    I never saw a connection and find it hard to believe Etrade would want to associate itself with the likes of LL and her wack-job family. Lindsay and its various spellings is a very common name. It ranks up there with those unfortunate uber-trendy names Britney, Ashley - ie: people with little to no imagination naming their kids names that they think are stylish - when in fact they are a dime a dozen and completely boring.

  48. chiro says – reply to this


    That commercial had nothing to do with Lindsay Lohan. For her to compare herself to the likes of Cher & Madonna are ridiculous!

  49. 49

    Oh MY! Poor Lindsay…. When her mom saw "gutter hound," "fish face," "rug burn," and "skanky cake" she knew they were referring to her little girl. Classy.

  50. 50

    Lets all be honest here. Those of us who visit sites like this ALL thought of Blohan when we saw that add.

    That being said, she still has no case, so it is a moot point.

  51. 51

    Lohan needs to get over it. She's created her own mess.

  52. 52

    Uh…there is still no case there based on those notes…It just maybe so that the name lindsay was pulled from LL but still nothing definitive.

    Why doesn't she use this situation to straighten her crap out so that everyone stops thinking of her as a trainwreck.

    But no….I can be a trainwreck but damn you for using it against me, cries Lindsay the "milkaholic"

  53. 53

    I would believe Lindsay if they would have written "Fire Crotch" as a description.

  54. 54

    Right, the notes say ""gutter hound," "fish face," "rug burn," and "skanky cake" so then Dina Lohan thinks they obiously must be referring to her daugther? WTF?

  55. 55

    HAAHAHAHAAA! "rug burn" and "gutter hound" make it obvious it was Lindsey. Mom knows best! LMAO! That is so funny!

  56. 56

    desperate for money some??

  57. 57

    She's a public figure. If the commercial rises to the level of parody, it is permissible under the law (please see numerous Supreme Court cases that discuss this point). If her attorney were smart she would not have accepted this case, much less actually filed it. I would not be surprised if the claim was tossed out as frivolous.

  58. 58

    my advise….e-trade should fucking COUNTER sue…..

  59. 59

    Lindsay has NO case. Their is no way to prove that they were referring to her, Linsey/Lindsay is a very common name worldwide.

  60. 60

    I think the little Fire crotch cokewhore is just looking for attention again and is probably running out of money for more booze!! And Momma Cokewhore just wants a piece of that she's probably running out of money too since her cokewhore daughter and 40 yr old daughter aren't reeling in the dough!!

  61. 61

    Considering they never actually said lindsay LOHAN, it's pretty much as if she believes she is a "gutter hound," "fish face," "rug burn," and "skanky cake.".. .. now had they added 'fire crotch' to that list it would've been a dead give away!

  62. 62

    Sorry Lindsay but you really have no case. The advertising team was clearly brainstorming and no where on the notes does it list YOU specifically. All they were doing was playing on words….like lint licker for orbitz gum. Plus you can't trademark or copyright first names like Lindsay…too common. Lastly why would you want to bring a lawsuit against someone using adjectives like milkaholic and say it's you when trying to make some sort of career? Not the way I'd want studios to know me. VERY DUMB move on your part! Suggestion….sell you wardrobe, go to rehab, drop off the face of the earth for a year and then take small roles and slowly try to rebuild your reputation…if that's possible.

  63. 63

    Oh Lindsay!! If you would have gotten your act together after the 1st or even the 2nd rehab trip, this might not be an issue. You're not fooling anyone with your, "I don't drink" nonsense. You're on SOMETHING and we all know it - we can see it - you can't hide it. Like the 1st commentor said, it's kind of strange that Dina thinks it's "obvious" they were talking about her daughter only after seeing "gutter hound", "fish face", "rug burn", and "skanky Cake". She should have defended her daughter by saying that it's "obvious" it ISN'T her because of those notes. She is always and forever only looking out for the bottom line. She's hoping that some of that law suit money will be thrown her way. She's the one that's disgusting!!

  64. 64

    that doesnt really prove anything…FISH FACE SKANKY CAKE!!!

    milkaholic lindsay is cute! i thought…

  65. 65

    if lindsay lohan never opened her mouth open it, then we the public would not be even considering the commercial was directed at her. first of all, lindsey is not a boyfriend stealer as far as i know, and i dont think shes a 'milkaholic', now, we read all these notes, and thanks to her, we are going to think of her as "rugburn' skanky cake, fish face etc…she did it herself!

  66. 66


  67. 67

    Needs da money!

  68. 68

    Even if they were referencing her why would she want to point it out??!!! She is so hard up for cash that she found an oppurtunity to make some money because she cant find a job to save her life.

  69. 69

    I'm going to laugh if the judge is like, "Who are you?" Case Dismissed.

  70. 70

    Re: iluvhulk – I did not think of her when I first saw the ad - didn't even occur to me until this ridiculous suit cropped up. Actually, I thought of another Lindsey I know (that does not drink).

  71. 71

    Re: LegalDiva – Lindsay's (regular) attorney has nothing to do with this case. It was filed by Michael Lohan's attorney who represents people like Michael and Jon Gosselin.

  72. 72

    Please please please start calling her "Lindsanity skany cake" on here! That is sooo funny. I will admit, gutter hound definitly describes her looks better, but skanky cake reminds of of that recent photo shoot she did that looks like it came out of Hustler.

  73. 73

    Somebody needs to shut Dina up, she's making a fool out of herself and Lindsay and not helping either of their causes. I think Dina filed this case, not Lindsay. So I think all of your statements about Lindsay don't apply. That' my opinion. Also, I think Michael is law savvy enough to stay quiet.

  74. naima says – reply to this


    I saw the commercial and i didnt think for a minute of her and she's asking for 100 million dollars, bitch please!! I am so sick of this irrelevant retarded whore. She has no career and she's desperately trying to remain in the media. The entire family is just plain disgusting. Go the fuck away Lindsey and take your family with you.

  75. 75

    She is desperate for money and therefore doing anything for it. If she wins, something is seriously WRONG with the American justice system.

  76. 76

    Re: tania7 – Hahahahaha! So true!

  77. 77

    If they put Lohan somewhere on the page, then yeah; there's a connection. But if it's not and they got the name out of thin air, then what can you do? And Lol @ Dina. "We think it's obvious" So, she thinks her daughter is a skank cake? :P

  78. 78

    LizardkinG and NaughtyAngel, she has no case whether they used her last name or not. See Hustler Magazine v. Falwell, that Supreme Court case involved a cartoon of Jerry Falwell f'ing his mother in an outhouse. The Supreme Court, yes, the highest court in our land, said that that was a caricature & the 1st & 14th Amendments prohoibit public persons & officials from making claims of emotional distress. Truth is an absolute defense to libel, slander & defamation, & Lindsay is a drug addict/alcoholic, so she's got no case on those grounds either.

  79. 79

    Re: LegalDiva

    That would be true if she were suing for defamation. From the looks of the claim, however, it appears her cause of action would lie under Trademark and Unfair Competition law, or Appropriation doctrine (if such a tort is recognized in the jurisdiction where LL is filing suit). In both causes of action, actual malice is irrelevant as falsity is not at issue (as it doesn't appear anyone is alleging "publication of a fact"). But it still doesn't matter, as both causes of action will be dismissed as frivolous. A name like "Lindsay" isn't trademarkable on the national register unless it has acquired secondary meaning to the extent that it's impossible to hear the name "Lindsay" without immediately thinking of Lindsay Lohan, and it hasn't been alleged that Lohan even attempted to register "Lindsay" as such. For an appropriation cause of action to be valid, the publication must pirate the plaintiff's entire identity, not just her name. The only plausible cause of action left is right of publicity infringement, and even that requires the plaintiff's identity (not just her name) be unequivocally identified. Parody is a defense to all these causes of action.

    My guess is that (mis-)managers filed these claims before LL even saw the commercial, knowing they didn't have a case but still hoping for a lucrative out of court settlement.

  80. 6one9 says – reply to this


    I have a daughter named “` Lindsay.. What?? Are the crazy Lohans gonna sue me for naming “ my kid “ the same name? Oh that's right “““` My Lindsay is older than L.L. ~ Maybe I'll sue them “ for using “ MY “ daughter's name.. HUMMMM

  81. 81

    Hey… change the name on the notes to "LindsEy", and they're good to go. ☺

  82. 82

    Sorry, I forgot to add to my last post:
    I'm not a practicing lawyer, but I also believe damages in these cases are based on actual losses ($$$-value of lost business, quantifiable harm to plaintiff's name's ability to generate future income) rather than pain and suffering. So, in order to collect any money at all, LL must prove that any lost business or decline in her reputation and its ability to generate future business was the direct result of the ad and not anything else.

    Also, I want to correct an error in the previous post: there is a limited 1st Amendment defense to Appropriation when a celebrity's name and likeness is appropriated but the way it is used gives the published image a value beyond the celebrity's names. Clearly, turning "Lindsay" into a two-timing milk-addicted toddler satisfies that defense (as legaldiva suggested), no matter how addicted to the bottle and/or nipples LL happens to be.

  83. 83

    what was the point of this post… this still proves nothing.

  84. 84

    I like rug burn! Floor mop would of been better though!

  85. 85

    I need filling in as this story hasn't really got steam in the UK. But it seems to me Lohan and her skanky mother are kicking off because of a name and an advert that wasn't even about her. Am I right? If I am, HA HA HA! Career is going down the drain so the only publicity is creating 'drama'? She's getting as bad as Jordan/Katie Price/Andre/Reid.

  86. 86

    Um… Dina,
    How is it obvious that gutter hound, fish face, rug burn, skanky cake is describing your daughter? No wonder Lindsay is so messed up if her own mother thinks so low of her. Sheesh!

  87. 87

    HAHAHA!!! Dina: "Skanky Cake?? Well, OBVIOUSLY they must be talking about my daughter!!" Oh Dina… You're just racking up those points for Mother of the Year, aren't ya? ;)

  88. 88

    Lindsay is making herself look stupid for getting "offended" over this. If you don't want people saying those things about you, then carry yourself with class and decency.

  89. 89

    sigh…it does not matter if thats her image….you cannot appropriate someone else's personality for profit. You can call her disgusting names, but you better not do it in one of your ads or else you would be liable as well.

    Its not a slam dunk though unless, its not completely obvious that they were referring to her.

  90. 90

    Re: LegalDiva

    its probably an appropriation of personality, in which case parody is no defense because the purpose is undoubtedly commercial and not artistic. You cannot invoke celebrity personalities in commercials, parody or not. If you could we would see it happening a heck of a lot more!!!
    Have you studied the Vanna White Robot/ samsung case out of California…Im a Canadian law student and we studied it when we did appropriation of personality in property law. This case seems stronger in some ways.

  91. 91

    I don't think that anyone even thought it was refering to Lindsay Lohan until she decided to make a big deal about it.

  92. YUCK says – reply to this


    she totally has a case and deserves to be compensated, just dont use the money for drugs lindsay

  93. 93

    She brought it on herself. Her parents put her on a pedestal instead of teaching her self respect and responsibility. She should actually be suing her parents for fucking up her life.

  94. 94

    Lindsay has lost her mind. I've seen this commercial plenty of times before this frivolous lawsuit came out and not once did I equate the milk-a-holic reference to this half-assed actress.

  95. 95

    please someone drop the mother and daughter off a cliff!…. this lawsuit is a joke and absurd!!!

  96. 96

    OMG they better not settle. I know like 3 lindsey's and frankly they were probably all milk-aholics. I don't even see what she would consider "damages." She probably should drink more milk.

  97. 97


    meet KETTLE!!

  98. 98

    Here is a tip…she does not even have representation with a PR firm any more. So all these stunts being pulled recently are all her own doing. He ex-rep refers all questions to her lawyers. No wonder they want to sue everyone thats their job!!!!!

  99. 99

    This is probably the dumbest thing Lindsay's done yet, which is saying a lot. I honestly don't think people care/think about her as much as she tells herself. I guess Lindsay isn't allowed to be a common name anymore. Sorry, guys. Let's take this one out of the baby name books.
    Lindsay Lohan needs to buy herself a little island and move there for good. She's an absolute idiot, shitty actress, and a waste of celebrity gossip space.

  100. 100

    Ms. Lohan is going to get pounded into the sidewalk on this. This will be the best ever "bam b*tch down" laying in the middle of the street…10/4, do you copy? E-Trade will utilize a number of precedents to dust the little gold digging whorehan, including Hustler v. Falwell….read it and weep Bloho, oops, I forgot she is still having trouble with the reading thing, lol. For one thing even if the add is about her, "Lindsay" is not a household name, she does not have the notoriety she thinks she has, so not all who view it will know it is intended to reference her, the references that can be drawn ARE TRUE (2 DUI's and coke possession charge), and she has no legitimate career prospects and therefore, cannot adequately demonstrate actual economic damages. She is over, done, finished, threw, headed for a job as a lap lizard at truck stops along a California highway somewhere and her lawsuit will end up in an equivalent place. Cya Whorehan!