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Pitbull

If Seacrest Didn't Sue Me,

Lindsay Lohan Shouldn't Either!

3/19/2012 4:30 AM PDT BY TMZ STAFF

0316_seacrest_pitbull_lohan_tmz_getty_ex
Pitbull is invoking the little known 'Seacrest Defense' in his legal battle with Lindsay Lohan -- claiming in new docs that if Ryan Seacrest didn't sue him for mentioning him in a song ... LiLo shouldn't either!

As TMZ first reported, Lindsay is suing Pitbull (along with Ne-Yo and Afrojack) for namedropping her in the song "Give Me Everything." She claims the lyric –– "I got it locked up like Lindsay Lohan" -- caused her "irreparable harm."

In legal docs filed this week in New York, Pitbull responded to the suit and pointed out that he rapped about Seacrest in the same song -- and noted Ryan not only didn't sue, but Pitbull performed the song as part of a New Year's Eve show ... hosted by Seacrest!

Translation -- Seacrest has a sense of humor, Lindsay does not.

Pitbull also cited the lesser known First Amendement in his bid to get the case dismissed. 

A judge has yet to rule.

1524 COMMENTS

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76.

Grandma Cracker    

This morning on ROL:
* Lovely Kate Middleton
* Stars adopting babies
* Sarah Jessica Parker selling home for millions
AND, Lindsay Lohan threatens to sue man who claims she injured him in hit and run.....

847 days ago
77.

Grandma Cracker    

This morning on Celebitchy:
* Dutchess Kate speaks at hospice
* Beyonce comeback $150 million dollars
* Lady Gaga no more interviews
AND Lindsay Lohan putting herself on CRACK LOCK DOWN and threatens to sue victim

847 days ago
78.

INSIDER H8TURD, V.P.    


My turn to copy/paste...... I feel like trending:

"Following its success is the 2004 teen comedy, Mean Girls, which grossed $129 million worldwide and garnered Lohan four Teen Choice awards. While acting, Lohan was simultaneously working on a secondary music career, contributing tracks to her movies, Freaky Friday and Confessions of a Teenage Drama Queen. In December 2004 Lohan launched her debut album, Speak, which reached the number four spot in the Billboard 200. An ever-present force in the fashion world, Lohan has modeled for Miu Miu, Fornarina, Jill Stuart among others and released her own brand of leggings and self-tanning spray. In spite of her success, she is known for her expensive cocaine-fueled lifestyle and faced many legal and personal problems. This has eaten up a huge percentage of her net worth.

As of October 28, 2011, Lindsay Lohan has been paid close to a $1 million to pose nude for Playboy magazine. Feeling bad that they have only been lowering her net worth in recent times, the editors of Celebrity Net Worth have decided to include the million now, minus the $100,000 bail she posted recently. When more details are released, we will update Lindsay Lohan’s net worth."

SO. Subtract that Playboy "million" (which it wasn't, but doesn't matter - it's gone already). Now, take away that 100k for bail, and that seems to leave 300k. For someone who's "work" has generated over one billion dollars, where's all the loot, Linds?

By the way.... Linds doesn't have any $300,000.00. If she had any moolah, she wouldn't have to turn tricks for cocaine and a motel room. Maybe she can move in with NICOLE - when she's allowed to leave the country. Ha.

847 days ago
79.

Melanie Andujar    

Hey Pitbull used her name so what !!!! and he does have talent!!!!!! Lindsay should be happy any one mentions her name on a hit song or wants anything to do with her...SHE IS DONE!!! AND OVER SNL confirmed it!!! did she get any offers for movies??? no!!!! Emma STONE has taken her place in Hollywood Lohan has no chance of coming back when she has all these issue's still....last week she hit some one with her car what next??? she is sad....if you gonna sue PitBull she should Sue Eminem and many other celebs that have made fun of her and mentioned her!!! lol i think she has something against Pit and it aint the song lyric she might just be racist lol lol o well she should sue that girl on VH1 she made fun of her last week making her look like a desperate knocking on hollywoods door :) so sad and sick she needs help!!! Dr. Drew WHERE ARE YOU!

847 days ago
80.

yvonne    

This is laughable. Artists have name dropped for decades. Tom Petty did in Jamming me. Eminem has in many songs. Lindsey is desperate & will ride any coat tails to get some cash. And right now PitBull is hot and bringin in the money she cant.

847 days ago
81.

Celebrities Suck    

Not that I'm defending this chick. But I've done some research. If her name is trademarked she has the right to pursue in court against people who use her trademark without her permission. Otherwise, her name is fair game for anyone else to use.

847 days ago
82.

janet    

Lohan is simply not relevant. Her own doing. Suite has no merrit.


She is going to miss her concrete carpet. Her last court date no paps no cameras not televised nothing. It's so old. Lindsay who?


Have no fear lohan will do something stupid just to get attention back on her. Like getting herself fired from the Liz movie.

847 days ago
83.

ilovegossip    

From citmedialaw.org:
Protection for creative works
The first amendment and the laws of many states also protect your use of someone's name or likeness in creative work and other forms of entertainment. included in this category are things like novels, historical fiction movies based on real-life events, works of art and acts of parody.

As a general matter you will not be held liable for using someone's name or likeness in a creative entertaining or artistic work That is transformative. Meaning that you add some substantial creative element over and above the mere depiction of the person...

847 days ago
84.

dreamon    

And...you can be damn sure that Pitbull's lawyers and the record company checked this out in advance? Damn sure.

847 days ago
85.

janet    

I didn't think you could trademark your name. So anyone named Lindsay or uses Lindsay she can sue? I don't think so. Wonder if Lohan paid her 97k in back taxes she blamed her financial manager on? Oh, that's right she doesn't write checks.


Kardashian sueing Old Navy, The Gap for 20 million in damages over a commercial that had nothing to do with her also has no merrit. You have to be able to proove the damage you claim it caused. They can't.

847 days ago
86.

INSIDER H8TURD, V.P.    


Let's see.... over there is the office building where I can copyright my name so no one can use it for their own profit. Ooooh... but over that way, the Cameltown lesbian bar, where there's unlimited cocaine and vodka, and I have my own private room with a throne and scepter.

So where does the stretch-helicopter land?

847 days ago
87.

Red Cloud    

I wish Lindsay would lighten up drop this. Even I disagree with her sometimes.

847 days ago
88.

Luv    

The thing about this is that Lindsay sues everyone! This has been her pattern for the past years. Get off of it, Lindsay. If you want to shape up and be respected again, quit your damn sue-ing!

847 days ago
89.

dreamon    

Grandma Cracker is right, though. Who wants to hire someone who's sue-happy? Especially when there are thousands of better looking more talented ones everywhere in Hollywood.


Bad strategy unless you just want to remain tabloid fodder.

847 days ago
90.

Luv    

It looks like Red Cloud and I feel the same about this lawsuit. I want Lindsay to thrive, not live in the past, and to move forward. This lawsuit focuses attention on bad behavior. She doesn't need this.

847 days ago
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