The Mean Girls star filed a $100 million (£66.7 million) suit against chiefs at financial firm E-Trade in March (10) over a commercial which depicts a baby girl called Lindsay as a boyfriend stealer and a ""milkaholic"".
Her legal team accused advertising bosses of exploiting their client's famous first name and public persona without permission, insisting the use of the name Lindsay is a direct reference to Lohan.
E-Trade bosses filed a motion to have the case dismissed in May (10), claiming there are 250,000 women in the U.S. who share the actress' first name.
But Lohan's attorney Stephanie Ovadia is fighting to proceed with the case, insisting her client is the most famous Lindsay out of a handful of celebrities, including Olympic skier Lindsey Vonn, tennis player Lindsay Davenport and actresses Lindsay Price and Lindsay Wagner.
Ovadia's brief, filed in New York Supreme Court and obtained by the Hollywood Reporter, states: ""The issue... is not how many people in the USA are with the name 'Lindsay' or 'Lindsey'. The issue is how many celebrities are with this name 'Lindsay' in the USA, and then (sic) in the context, manner, characterisation, persona... If Defendants take this name, 'Lindsay' in context of a celebrity name (sic) then by Defendants' own admission, there are only a few limited celebrities with this name around, and this number may not be more than four or five...
""The type of a particular role and persona, the role of an alcoholic bimbus woman, that (sic) Defendants were looking for in their said commercial, none of the other celebrity 'Lindsay' as (sic) referred by Defendants... fits into.""
Lohan is seeking $100 million (£66 million) in exemplary damages and compensation.