Lindsay Lohan v. Armando Christian Perez aka Pitbull; Shaffer Chimere Smith Jr. aka Ne-Yo; Nick Van De Wall aka Afrojack; J. Records; Sony Music Entertainment; Sony Music Holdings Inc.; RCA Music Group; Polo Grounds Music; Polo Grounds Music Publishing Inc.; Polo Grounds Music Inc.; Mr. 305 Inc.; Mr. 305 Enterprises Inc.; John Doe and Jane Doe 1 th
Published: Mar. 9, 2013 | Result Date: Feb. 21, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-05413-DRH-ARL Bench Decision – Defense
Court
SD New York
Attorneys
Plaintiff
Stephanie G. Ovadia
(Law Office of Stephanie G. Ovadia)
Defendant
Facts
"Hip-hop" recording artist "Pitbull," whose real name is Armando Christian Perez, created the song, "Give Me Everything," which contained the lyric, "So, I'm toptoein', to keep flowin', I got it locked up, like Lindsay Lohan." He released the song on March 18, 2011. Later that year, actress Lindsay Lohan sued Pitbull, alleging that his use of her name in the lyric violated her privacy and publicity rights.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the song's mention of her name was unwarranted and unauthorized, and referred to her personality, and physical and mental character in an unfavorable manner. Lohan also argued the song was commercial, rather than expressive in content.
DEFENDANT'S CONTENTIONS:
Defendant argued that the song was a protected work of art, which could not withstand First Amendment review. Pitbull also contended that Lohan's name was not used for purposes of advertising or trade.
Result
The Court dismissed the case, finding the song was a protected work of art.
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