A New York State appellate court has directed the trial court to dismiss Lindsay Lohan's lawsuit against Take-Two Interactive, the publisher of the highly popular video games Grand Theft Auto.
Lohan sued Take-Two Interactive claiming that the gamemakers of Grand Theft Auto V misappropriated her likeness with one of the characters in the game named "Lacey Jones" that avoids the paparazzi, according to The Hollywood Reporter. She also accused the company of making references to her Mean Girls character, and that the merchandise publisher "used a look-alike model to evoke the person and image" of Lohan by recreating a picture snapped of her back in 2007.
Another actress who filed a suit against Take-Two Interactive for Grand Theft Auto V was Lohan's Mob Wives co-star Karen Gravano. The $40 million complaint alleged that the character "Andrea Bottino" used similar phrases to the plaintiff, had a father who acted as a government informant, and was involved with reality television.
The same trial judge initially gave both Lohan and Gravano's cases the green light to pursue damages. However, the New York state appellate court has directed the court to dismiss both lawsuits.
The state's opinion on the case says: "Both Gravano's and Lohan's respective causes of action under Civil Rights Law § 51 'must fail because defendants did not use [plaintiffs'] name, portrait, or picture. Despite Gravano's contention that the video game depicts her, defendants never referred to Gravano by name or used her actual name in the video game, never used Gravano herself as an actor for the video game, and never used a photograph of her. As to Lohan's claim that an avatar in the video game is she and that her image is used in various images, defendants also never referred to Lohan by name or used her actual name in the video game, never used Lohan herself as an actor for the video game, and never used a photograph of Lohan."
Did you notice a likeness to Lindsey Lohan in Grand Theft Auto V?
[H/T The Hollywood Reporter]