(CN) – Lindsay Lohan has sued rapper Pitbull for an injunction and damages, claiming that the hit song “Give Me Everything” tarnished her reputation by making a “distasteful” allusion to her arrest record.
Produced by Afrojack and featuring R&B artist Ne-Yo, “Give Me Everything” has sold more than two million copies and topped Billboard’s Hot 100 this summer after spending four weeks in the No. 2 slot. At one point in the song, Pitbull raps that he’s “got it locked up, like Lindsay Lohan.”
Lohan, a former child actress, was arrested twice in 2007 for driving under the influence. In the years since, she has raked up more appearances in Los Angeles Superior Court to defend herself against new misdemeanor charges and for violating the terms of her probation.
Now, the Long Island native claims in Nassau County Supreme Court that Pitbull’s lyrics have “greatly injured” her career and caused her “tremendous emotional distress.” As defendants, the lawsuit names Pitbull, whose real name is Armando Christian Perez; Shaffer Chimere Smith Jr. aka Ne-Yo; and Nick Van De Wall aka Afrojack. She also sued J Records, Sony Music Entertainment and affiliates, RCA Music Group, Polo Grounds Music and affiliates, and Mr. 305 Inc.
Lohan, who describes herself in the complaint as “a professional actor of good repute,” claims “Give Me Everything” was released all over the world on or about March 18 and is “destined to do irreparable harm.”
The 25-year-old says she did not authorize the defendants to use her name, and that in doing so they conspired to violate her right of privacy.
Lohan wants the defendants permanently enjoined from using her name “in a distasteful manner” for their commercial advantage without her consent.
She also wants all copies of the song in any medium turned over to her or destroyed, and wants the defendants enjoined from playing or selling it “in video, television, radio, online websites, online downloads, etc., and in any and all other present and future forms in which ‘Song’ is available.”
She claims “That when defendants maliciously, wickedly, and contriving to injure the plaintiff, made unwarranted, unauthorized, and unjustified statements about the plaintiff in the aforementioned ‘Song’, defendants advanced their commercial and publicity interests, at the costs of plaintiff’s name,” unjustly enriching themselves.
She adds “That, in addition to, the unwarranted mentioned of plaintiff’s name and personality in named ‘Song’, defendants have portrayed plaintiff in an offensive and disparaging manner in named ‘Song’.
“That at all times mentioned, plaintiff has undergone tremendous emotional distress that has been intentionally inflicted upon plaintiff by defendants’ unwarranted, unauthorized, and unjustified use of plaintiff’s name and characterization in an offensive and disparaging manner in named ‘Song’.
“That because of defendants’ visibility in the entertainment industry, their defamatory statements greatly injured the plaintiff in her profession as an entertainer, and caused her great mental anguish and pain.”
Claiming violation of New York civil rights law, unjust enrichment and violation of common law, Lohan says she “has been damaged in a substantial sum of money, to be determined by a court.”
She is represented by Stephanie Ovadia of East Meadow and Anand Ahuja of Richmond Hill.
Last year, Lohan filed a similar lawsuit against E*Trade, claiming she was defamed by a commercial in which a baby accuses her “boyfriend” of cheating with “that milkaholic Lindsay.” That case was reportedly withdrawn and settled for a confidential sum.
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