Lindsay Lohan Loses Lawsuit Against Pitbull
First Published: February 22, 2013 2:31 PM EST Credit: Getty Premium
LOS ANGELES, Calif. -- Attention rapper and singers, it appears you’re free to use Lindsay Lohan’s name in your songs.
On Thursday, Lohan lost a legal battle against Pitbull (Armando Christian Perez) after the actress claimed a lyric in the rapper’s 2011 hit “Give Me Everything” was a violation of her publicity and publicity rights and also caused her emotional distress.
In the song, Pitbull raps, “So, I’m tiptoein’, to keep blowin’, I got it locked up, like Lindsay Lohan.
According to The Hollywood Reporter, the judge sided with Pitbull, ruling that the song was a protected work of art and is protected by the First Amendment.
Lohan’s suit claimed that the song and the use of her name included “an unwarranted, unauthorized, and unfavorable mention of [her] name and personality, and allusions to [her] physical and mental character.”
U.S. District Judge Denis Hurley dismissed Lohan’s lawsuit, writing, “The fact that the Song was presumably created and distributed for the purpose of making a profit does not mean that plaintiff’s name was used for ‘advertising’ or ‘purposes of trade’ within the meaning of the New York Civil Rights Law.”
Lohan did, however, have one small legal victory on Thursday. The rapper’s attorneys wanted to sanction the actress for filing a frivolous lawsuit, but the judge wrote, “The Court finds that plaintiff’s claims are not so frivolous as to warrant the imposition of sanctions.”
VIDEO: Pitbull Talks Lohan Lawsuit
In March 2012, Pitbull spoke to Access Hollywood about the lawsuit, saying he never meant any harm.
“I was flabbergasted, I was surprised… all I was really doing was showing love,” he told Access at the time. “When you say you got something locked up, that means you’re running things, it’s a positive thing. It’s not a negative thing.”
-- Jesse Spero
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