Pitbull Lyric on Lohan’s Jail Time Survives Suit

(CN) - Lindsay Lohan cannot collect damages from rapper Pitbull over the unauthorized use of her name in a song, a New York federal judge ruled.

The actress and tabloid staple, who portrayed Elizabeth Taylor recently in the Lifetime original movie "Liz & Dick," sued Pitbull aka Armando Christian Perez for civil-rights law violations, unjust enrichment and intentional infliction of emotional distress.

She asserted that the song "Give Me Everything" used her "name, characterization and personality for advertising purposes, and for purposes of trade and commercial benefits" without her permission.

Lohan named several other defendants, including Shaffer Chimere Smith Jr. aka Ne-Yo, Afrojack aka Nick Van de Wall, Sony Music Entertainment, RCA Music Group and other record companies.

At one point in the Billboard hit, Pitbull raps that he's "got it locked up, like Lindsay Lohan."

Lohan has had several run-ins with the law in recent years, most recently facing charges of lying to police, driving recklessly and obstruction related to a Pacific Coast Highway car wreck in June 2012. The case is scheduled to go to trial on March 18 after Lohan reportedly rejected a plea deal that would have required her to attend rehab and perform community service.

Meanwhile in New York, U.S. District Judge Denis Hurley dismissed Lohan's claims over the Pitbull song, which he concluded is protected as a work of art.

"The Supreme Court has made clear that 'music, as a form of expression and communication, is protected under the First Amendment,'" the 23-page opinion states, quoting the 1988 decision Ward v. Rock Against Racism. "Thus, because the song is a protected work of art, the use of plaintiff's name therein does not violate New York Civil Rights Law."

Lohan also failed to show that Pitbull use her name for advertising or trade purposes.

"Here, plaintiff's name is mentioned one time in only one of the 104 lines of the song," Hurley wrote. "It is not used in the song's title or the refrain, and appears entirely incidental to the theme of the song."

The judge refused to sanction Lohan for filing a frivolous lawsuit, but he said her attorney must pay a $1,500 penalty for plagiarism and misrepresentation.

Lohan appeared on the soap opera "Another World" as a child before her breakout role as twins in Disney's 1998 remake of "The Parent Trap." Her other movies include "Mean Girls," "Confessions of a Teenage Drama Queen" and "Herbie: Fully Loaded."

Miami-born rapper Pitbull's most recent album, "Global Warming," was released in 2012 and includes the singles "Don't Stop the Party" and "Feel This Moment."

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit