Lindsay Lohan cited her recent miscarriage in an apology to a federal judge Thursday as her lawyer claimed retail giant Bebe fleeced the actress by illegally selling her 6126 designs with Bebe labels.
The “Mean Girls” star filed the mea culpa in Los Angeles, asking for reinstatement as a party in her legal battle over the demise of her 6126 clothing line.
She said she was sorry for going AWOL after the court found her in default last December.
“I apologize to the court in the delay in seeking relief but I have been overwhelmed since leaving rehab and dealing with my sobriety and a miscarriage,” she wrote in the signed statement.
The court entered her default after DNAM, the manufacturing partner she sued for trademark infringement and breach of contract last year, turned around and named her as a defendant in a countersuit – and she failed to answer the complaint.
She said DNAM initially used a bad address to serve its counterclaim and when she finally got the lawsuit at her New York residence over the holidays, it was too late.
Even if the judge doesn’t drop the default, Lohan will forge ahead as one of the managing members of 6126 LLC, her lawyer Perry Wander told the Daily News.
Lohan sued DNAM for $1.1 million last year, claiming the Southern California-based company breached their multiyear 2008 licensing deal by defaulting on $900,000 in guaranteed minimum royalties plus 10% of net sales.
DNAM counter-sued, saying Lohan torpedoed the deal when her personal life unraveled with legal issues that led to both jail and rehab in 2010.
A trial has been set for July 22, Wander said.
He said Lohan’s contract never included a morals clause. Wander also claimed DNAM mismanaged 6126’s deals with big name retailers and wound up with excess stock that it secretly sold to Bebe with new labels.
The lawyer claimed Bebe failed to respond to his request for document discovery, so he plans to add the California company as a defendant in the case if a deal isn’t reached at an upcoming settlement conference.
“If the case does not get resolved in federal court on May 15, then Lindsay will be suing Bebe for conspiracy and trademark infringement for stealing her designs and selling them in Bebe stores with their labels,” he told The News Thursday.
Attempts to reach representatives for Bebe were not immediately successful.
But DNAM's attorney denied the allegation.
"There is no merit to the conspiracy theory alleged for the first time today by Plaintiff’s counsel. DNAM did not produce any 6126 designs for Bebe," the company's lawyer, Adam Rossman, told The News.
Wander said Lohan, 27, is ready to testify in the case.
“Lindsay met with the CEO of Bebe 2010 and pitched them a line, showed them the 6126 lookbook. They passed because it was too expensive. Then Bebe made a deal with DNAM. Bebe stole Lindsay Lohan’s designs, and she saw them herself in a Bebe store," he said. "They’re exactly the same.”
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Pictured: Bebe top
Lohan shocked the world last month when she claimed at the end of her reality series for Oprah Winfrey’s OWN channel that she suffered a miscarriage during the recent filming of the series.
She has not named a father.