Lindsay Lohan has lost the defamation lawsuit she filed against Pitbull for using her name in a lyric, according to the Hollywood Reporter. The judge handling the case dismissed her suit on Thursday, ruling that the song was protected under the First Amendment as a work of art.
Lohan filed suit against the rapper in 2011, after he released the track “Give Me Everything.” She claimed that the line “I got it locked up like Lindsay Lohan” was a violation of her privacy and publicity rights, and had caused her emotional distress. Pitbull initially apologized for the rhyme, but later filed a countersuit; his attorneys asked that the court sanction Lohan for filing a frivolous claim.
U.S. District Judge Denis Hurley ruled that Lohan’s publicity and privacy claim doesn’t apply in regards to a work of art. “The fact that the Song was presumably created and distributed for the purpose of making a profit does not mean that plaintiff’s name was used for ‘advertising’ or ‘purposes of trade’ within the meaning of the New York Civil Rights Law,” he wrote in the ruling.
The judge declined to sanction Lohan for filing a frivolous suit, on the grounds that there wasn’t enough precedent to demonstrate beforehand that Lohan could not win her case against Pitbull. He did, however, fine Lohan’s attorney $750 for an “affront to the court”: Her court briefs were reportedly plagiarized from newspapers, law firms and educational websites.