Lohan sues etradeA Manhattan court has dealt a setback to Lindsay Lohan in her lawsuit against E-Trade.

Lohan is suing the Manhattan financial firm for defamation, claiming a "milkaholic" baby in two of its commercials -- also named Lindsay -- is based on her. Lohan is asking for $40 million in damages, according to the lawsuit.

Manhattan Supreme Court Justice James Yates granted E-Trade's request to move the lawsuit from Long Island to New York City (where E-Trade's headquarters are located) just days before the troubled starlet was sent to jail for 90 days for violating her probation for DUI.

"Plaintiff has not proven actual residence in Nassau County," Yates writes in his order. "In fact, the home located in Nassau County is actually owned by plaintiff's mother, Dina Lohan ... and has not submitted any additional proofs that although she does not own the home, that she has stayed there for any length of time."

The Mean Girls star sued E-Trade in March. At that time, her lawyer told Fox News that Lohan has the same single-name recognition as Oprah or Madonna -- which makes the commercial a "subliminal message."

The New York Daily News describes the commercial shown during the Super Bowl as a "light-hearted ad." In it, the baby is trying to move in on another baby's boyfriend. The lawsuit says there are two ads that feature the baby Lindsay which were shown during the Super Bowl as well as the Winter Olympics in Vancouver.

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