SANTA CLARA, Calif.--(BUSINESS WIRE)--Lindsay Lohan’s lawsuit against E*Trade is unlikely to be dismissed, but is a long shot for success, says Tyler Ochoa, professor of law at Santa Clara University and an expert in “rights of publicity.” Ochoa is also author of the 2010 textbook Celebrity Rights: rights of Publicity and Related Rights in the United States and Abroad.
“The question is whether the use of a single name, Lindsay, causes the public to think of Lindsay Lohan, or not”
Ochoa notes that the law at issue is Section 51 of New York Civil Rights law. He says celebrities do have a right of action if their “name, portrait, picture or voice” is used for advertising purposes without their written consent.
He said celebrities such as Vanna White have won cases in California, which has a similar law, when identifiable aspects of their identity have been used for advertising without permission.
“The question is whether the use of a single name, Lindsay, causes the public to think of Lindsay Lohan, or not,” said Ochoa. He said he doubts the suit will prevail, but also thinks the court will be loath to dismiss it until it’s established whether the public associates her with the name.
Ochoa can be reached at (408) 554-2765 or via Deborah Lohse of SCU Media Relations, (408) 554-5121 or dlohse@scu.edu.