The suit had claimed Pitbull violated Lohan’s right of publicity under New York law and caused the actress emotional distress with this song lyric: "So, I'm toptoein', to keep flowin', I got it locked up, like Lindsay Lohan." The Brooklyn, N.Y., federal judge found that the lyrics were protected speech. The use of an individual’s name without consent is not barred by New York law when the use is part of a First Amendment work of art, Hurley wrote in the opinion (PDF).
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Lohan Lawyer Sanctioned in Suit Over Rap Lyric
A lawyer for Lindsay Lohan suffered two court losses last week when a court dismissed the actress’s lawsuit against rapper Pitbull for a song lyric.
Senior U.S. District Judge Denis Hurley of Brooklyn, N.Y., tossed the unauthorized publicity suit and sanctioned Lohan’s lawyer $1,500 for conduct related to a cut-and-paste brief, the New York Daily News reports. The Hollywood Reporter's Hollywood, Esq. blog broke the news, which was also picked up by E Online.
Kurt Martin
Bob Scott has been informing and entertaining the mid-market financial software community with his email newsletters for 10 years. And he has been covering this market through print publications for 18 years, first as technology editor of Accounting Today and then as the Editor of Accounting Technology from 1997 through 2009. He has covered the traditional tax and accounting profession during the same time and continues to address that as executive editor of the Progressive Accountant.
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