Lindsay (Lohan) Sues E-Trade for $100 Million Over Super Bowl Spot

By SAM GUSTIN

Oprah, Madonna, Prince . . . Lindsay? Colorful starlet Lindsay Lohan says she's in the same league as those single-named iconic entertainers -- and that's why she's entitled to $100 million from E-Trade (ETFC) for violating her privacy last month in a TV commercial during the Super Bowl.

But Lindsay -- er, Lohan -- faces a significant burden of proof. "To prevail in a case like this, she would need a consumer survey that is methodologically sound, showing that a significant number of people understand 'Lindsay' to be a reference to her," says Reed Freeman, a partner at Washington-based law firm Morrison Foerster. "That's the method of proof that would be required here."

But celebrity lawyer Daniel Horowitz says the ad's use of the word "milkaholic" is obviously a reference intended to poke fun at Lohan's personal struggles. "It's clearly meant to refer to Lindsay Lohan," Horowitz says. "And the only way E-Trade will get off the hook is if they claim it was some kind of parody." Interestingly, one of Horowitz's clients is a man accused of breaking into Lohan's house, as part of the "Hollywood Bling Ring" case.

Lincoln Bandlow, a partner at Los Angeles-based law firm Lathrop & Gage, says the big hurdle for Lohan is showing that this is a use of her identity, one which violates her privacy. "I don't think it is," Bandlow says. "She's not Sinatra, she's not Cher, and she's not Bono."

But even if she succeeds in doing that, Bandlow says, she then must make an "odd argument," one which could lead to embarrassing disclosures. "She's going to have to say that she's such a lush and an alcoholic that the use of the word 'milkaholic' obviously refers to her," Bandlow says. "The identifying information she will have to cite is someone who is an addict."

'That Milkaholic, Lindsay'

The star of such films as Mean Girls and Herbie: Fully Loaded is suing the giant online brokerage for unlawfully using her "likeness, name, characterization, and personality." Lohan filed the suit in New York State's Nassau County Supreme Court Monday, seeking $50 million of compensatory damages and $50 million of exemplary damages. An E-Trade representative says the company has yet to review the filing and has no comment.

In the commercial in question, part of E-Trade's popular campaign featuring babies who chat about investments and life, an infant refers to "that milkaholic, Lindsay." Lohan's troubles with drugs and alcohol and scuffles with the law have been widely chronicled by the celebrity press. Lohan's argument hinges on a court's accepting her contention that her worldwide fame -- or notoriety, if you prefer -- has turned her first name into a specific, recognizable reference to the her, much like "Oprah" or "Madonna." "Many celebrities are known by one name only, and E-Trade is using that knowledge to profit," Lohan's lawyer, Stephanie Ovadia.

The Making of a King

What New York rapper is royal, empowering, majestic, and stylish? Abdul Jabbar or for us King Jabbar. This Capricorn is on a journey toward breaking into the LGBT music world as well as mainstream. I had the pleasure of sitting down talking with him about who he is and what I think he needs to do in order to get his music career on the next level.


Now a days gay celebrities are popping up everyday, in New York City alone there is a new socialite who is making a song, throwing a party, or trying to be the next big thing, however this city has only birthed a few that are mainstream gay celebrities who are creating careers that are hitting outside the 5 boroughs or the New Jersey area. What is that Maurice Jamal, XEM Van Adams, Maurice Runea, B. Scott, Bry’nt, Derrick L. Briggs, DJ Baker, or Nathan H. Williams are doing? The formula is really simple they are hot and they are promoting themselves. My entertainment Mantra has always been “If you cannot sell yourself, no one else will and this is very important to break into any industry. As for King Jabbar he is halfway there, he has the talent, style, charisma, looks, now we have to get him his crown, you cannot be royalty with out your crown.

When you talk to King Jabbar you don’t get rapper instantly, you would think that this rapper would be a neo soul artist who would meditate in the middle of central park with a tribe. He is just so spiritual and down to earth, which is why he credits Eryka Baydu as his influence. Being into numerology, astrology, oils, and keeping your aura in white light is what keeps King Jabbar grounded in his quest for stardom. King Jabbar has always wanted to be in the music business, because he loves entertainment, he briefly modeled in the past; however stopped once it took away from his relationship with others and his music. It is no surprise that he was apart of fashion, because he and Grace Jones could be best friends when it comes down to his fashion sense and his addiction to Soho (must see shopping area in NYC). With his seducing eyes, sense of style, and his attitude toward thought before expression he has several tools that will get him far.

As King Jabbar sat in a huge chair facing me, I felt like a king was looking right through me. Although I was conducting the talk, I sensed some aggressiveness within him. That’s when romance came up, I was very intrigued with how King Jabbar felt toward romance and where did that fall in his life as of now, as King Jabbar went through a list of all his goals that he has planned for the next year (an album and mix tape included) I learned that love right now was not a priority; however a supportive friend who can bring something to the table is always accepted and in doing so safer sex practices are a must. He is very passionate about our community protecting ourselves and thinking prior to your actions. When he is in a relationship though this shy Capricorn may be a little more aggressive than passive, just don’t expect for him to make the first move.

When you want to catch this up and comer you better hope to catch him shopping in Soho or a Friday night (his favorite day of the week), cause other times he is working on his passion “music”. When asked who you could compare yourself to, he responds not really anyone (they all say that), yet if you are a Busta Rymes, Andre 3000, or Shaggy Fan, this is the LGBT artist you want to get into… A king is born! Check him out and leave a comment, tell The FUTURE what you think!
KING JABBAR MUSIC HERE

Notes from Nathan: Coming Clean

esterday, I announced on Facebook that it was my 18th month of sobriety from cocaine.  I am so grateful to be free from that beast.  For so long, I was in it.  My friends were doing it and having fun, so I figured it was harmless, but it wasn't. It led me down a dreadful path.  The friends I thought I had disappeared when the 'magic' was gone.  It didn't resonate for me that my so called friends were using me until one day it clicked.

It was God who brought me up from that downward spiral.  It had to be.  I mustered up the courage to tell my mother about my addiction to cocaine and several other drugs at the time.  Naturally, she worried, but couldn't do much considering we were in two separate states.  She told me to be careful and prayed nonstop.

I cried my eyes out thinking about the obscene amount of money I spent on something that I will never see again.  It wasn't an investment.  The bible and church became my new friends.  I needed to unplug from the wicked nightlife that The Big Apple offered me at the time.  I watched friends regularly vacuum that powder up their noses with straws, dollar bills and extended pinky nails.  I watched them become what I knew they were not.  Evil.

There I sat. Just under seven days deciding to quit for life.  A patron at  my own party watching the transactions between the dealers and the clients.  Tracking the number of trips to the bathroom.  Eavesdropping on conversations between men searching for party favors.  It was a mess!  But there I sat, completely sober.  No liquor.  No drugs.  100% Nathan.

If you are suffering from an addiction and need to talk to someone, find someone, you don't have to go through it alone, you don't have to suffer.  Choose today to COME CLEAN!

Call me, I'll talk to you!  (917) 771-6611.  No anonymous calls please.

The Modern Renaissance Man: DWIGHT O'NEAL

Gay men of color (and everyone else) will find a lot to love in Christopher Street, the groundbreaking new show from model/actor/producer/handsome charmer DWIGHT O’NEAL

INSTINCT: Give us a glimpse of your entertainment industry resume, please.

DWIGHT O’NEAL: Call me a Renaissance Man—fashion, writing, producing, directing, modeling, acting, singing, dancing, rapping, hosting, promoting!

Whew! Your most recent venture is Christopher Street: The Series.

I was inspired to create it to showcase positive role models for the young LGBT community. When I was growing up, I did not have an openly gay person to admire or seek advice from. My characters are great examples of why many of us move to the Big Apple—to reinvent themselves in pursuit of their true happiness.

Was your show inspired a little by another four-friends-in-NYC series?

Sex in the City was definitely a huge inspiration for my baby, but I’d say Christopher Street is the young, gay 90210, with a pinch more of comedy. Christopher Street is the title character who holds within him every characteristic that the infamous street in NYC possesses. As for Jharemy (the drama queen), Ashton (the quiet one) and Shawn (the diva), they keep "Street" from becoming a maniac. I mean, with so many characteristics, a guy could go insane. [Laughs]

Tell us, as a Southern boy turned New Yorker: who really took Manhattan: Jason or the Muppets?

The Muppets! They are far more powerful by ruling with sweetness and kindness.

So much of pop and LGBT culture seems dominated by white faces.

In the past, LGBT of color have not always been given equal representation, and when we have, it’s not always in a positive light. With Christopher Street, I want to tell the good, the bad and—most importantly—the funny. Noah’s Arc is the only major program I can think of that really focused on what it means to be an LGBT person of color, and now Christopher Street is carrying the torch.

What advice do you have for aspiring LGBT creators of color?

All things are possible. Just hang in there and know that you can have whatever you truly desire. Ask, believe and receive.

What's the most fun thing about creating, writing and producing your 
own show?


I always get to decide how hot my character's boyfriends are! [Laughs]

Tell me about the "Beyond The Street” tour—the HIV/AIDS charity work you are spearheading that’s tied into the show.

TO READ MORE OF THIS INTERVIEW WITH OUR VERY OWN DWIGHT ALLEN O'NEAL GO TO http://instinctmagazine.com/celebrity-interviews/the-modern-renaissance-man-dwight-o-neal

CONGRATS DWIGHT ON ALL YOUR SUCCESS... INSTINCT IS A HUGE HONOR FOR PEOPLE OF COLOR!!!!