Lindsay Lohan’s lawsuit against rapper Pitbull for the use of her name in one of his songs has been dismissed by a US District Judge in New York Thursday.
The actress filed a lawsuit against the musician in August 2011 for lyrics mentioning her name in his hit single Give Me Everything.
Lindsay claimed that the words “I got it locked up like Lindsay Lohan” could damage her career and she desired for the tune to be removed from the air.
According to The Hollywood Reporter, United States District Judge Denis Hurley ruled on Thursday that the starlet’s suit had no merit.
Since the song is a work of art it is protected by the First Amendment to the United States Constitution, legislation that supports freedom of speech.
The magistrate found that Give Me Everything in no way violated Lindsay’s right to privacy, or that the track exploited her name to sell records.
"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," Judge Hurley wrote.
He went on to clarify that since Lindsay’s name was mentioned in one line only the "isolated nature of the use of her name" would "prove fatal" to her case.
Judge Hurley also sanctioned Lindsay’s lawyer for plagiarism.
Pitbull’s song Give Me Everything reached number one on the US Billboard Hot 100 pop charts in 2011.
Co-writers of the track Ne-Yo and Afrojack are also defendants in this lawsuit.
Pitbull has spoken previously about his thoughts on the proceedings.
“I was very surprised when I found out about the lawsuit... at first I read it and I thought, 'This has got to be a joke,'" Pitbull explained in an interview on his official fansite last year.
“For me mentioning [these lyrics]... on the number one record in the world... I thought it would be helping someone's career and keeping them relevant.”
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