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Lindsay Lohan wants to sue the jewelry store because she did not give them permission to use her image for profit.LOS ANGELES - Lindsay Lohan is threatening to sue the jewelry store that sold surveillance footage of her alleged theft - but one expert said she doesn't have a case.
"It's 100% true," a Lohan source told the Daily News after TMZ.com reported the "Mean Girls" star planned to take jeweler Kamofie & Company to court.
The source said Lohan, 24, did not give the store permission to use her image for profit.
"They clearly loaned her the necklace and then changed their story at least four times for personal gain," the source said.
"It's a shame this is happening, especially now that she's doing so well with her sobriety."
Lohan met with lawyers Tuesday morning to discuss her legal options, TMZ said.
USC Law Professor Jack Lerner said she would be wasting her time.
"The right of publicity protects celebrities and non celebrities from someone using their likeness to sell a product. The jewelry store is not using her face in their advertising," Lerner, an expert on intellectual property, told the News.
"The store made the recording and owns the copyright. If they put the images on fliers, billboards or print ads, that would raise a totally different issue."
The grainy video allegedly shows Lohan pilfering a $2,500 diamond necklace on Jan. 22.
It was sold to "Entertainment Tonight" in a deal brokered by the Associated Press.
An image taken from surveillance video of Lohan (c.) and male friend at Kamofie and Co. on Jan. 21. (AP /ET)
A Kamofie rep declined to discuss his clients' payday, but TMZ reported the AP paid at least $40,000 for the exclusive licensing rights.
"Profit is not the motive here," Kamofie spokesman Christopher Spencer told the News on Monday. "This has been extremely disruptive to their small family business, and they're looking to get back to business as usual."
There's no denying the sale gives Lohan new ammunition to attack the owner's motives and credibility.
The former Disney actress is due in court Thursday. She maintains she was loaned the necklace.
Spencer said his clients would testify to the contrary if called.
"They never gave permission to Ms. Lohan to remove the necklace from the store," he said.
ndillon@nydailynews.com
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