Magazine report backs up Lohan's E-Trade lawsuit

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Maybe Lindsay Lohan is on to something.

Her lawsuit against E-Trade and its TV commercial depicting talking babies discussing "that milkaholic, Lindsay" took an intriguing twist Thursday when Esquire magazine's Web site published evidence showing that baby Lindsay might really have been a genuine swipe at grown-up Lindsay.

Lohan, who has a reputation as a hard partyer, filed a $100-million lawsuit Monday in Nassau County Supreme Court alleging the character usurped the actress' rights to "the commercial use of her likeness, name, characterization and personality."

As it turns out, writer Joshua David Stein had followed the making of the commercial at E-Trade's ad agency, Grey Group, for a slide show at Esquire.com. While Stein, in his introduction, sounds dubious about any deliberate connection between the two Lindsays, his own timeline says otherwise: He says an Aug. 11, 2009, version of the spot had a "milkaholic" girl named Deborah - yet, then he writes that the name got changed to Lindsay on Sept. 28 and that it wasn't until after this, on Oct. 1, that "milkaholic" was chosen from a long list that included such terms as "tramp," "bimbus," "jailbait and "skanky cake."

Lohan's attorney, Stephanie Ovadia of East Meadow, said that the Esquire revelation "is another piece of the puzzle. Anybody who looks at this will see it started as a lot of scattered pieces, and now each piece is fitting into the puzzle. When it's done we'll prove her name was used without her permission or consent and without compensation for purposes of a profit for E-Trade."

Lindsay's mother, Dina Lohan, said, "Now that this has come out, we've been validated. Lindsay knows you have to pick and choose your battles. This is the straw that broke the camel's back."

In a statement released Thursday, E-Trade said, "We believe the claims are without merit and we intend to defend ourselves vigorously in this case."

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