Lindsay Lohan loses Grand Theft Auto V lawsuit appeal

01 April, 2018, 01:19 | Author: Darren Santiago
  • Lindsay Lohan loses appeal against GTA 5 using her “likeness” in-game

On Thursday, Lindsay Lohan failed to convince the highest state appellate court in NY to revive her lawsuit against Take-Two Interactive, publisher of the popular Grand Theft Auto games.

The actress claims that the character Lacey Jonas in "Grand Theft Auto V" is based on her. The official lawsuit claimed that Lacy Jonas is an "unequivocal" reference to Lohan.

"In his ruling, Judge Eugene Fahey wrote, "[The] artistic renderings are indistinct, satirical representations of the style, look and persona of a modern, beach-going young woman... that is not recognizable as plaintiff".

At the time, legal expert Zachary Strebeck noted in his Gamasutra blog that "under NY publicity rights law, "any recognizable likeness, not just an actual photograph" is protected".

A panel of judges from the Court of Appeals upheld a lower court's judgment in favor of the video game's parent company Take-Two Interactive, according to an article on Thursday by Page Six.

Not a portrait of Lohan, an appeals court rules.

By a 6-0 vote, the state Court of Appeals called Take-Two Interactive Software Inc's depictions "nothing more than cultural comment", and said it owed Lohan no damages.

Lohan's suit claimed that the Grand Theft Auto 5 character Lacey Jonas, who appears in an in-game event, was an unlawful use of her likeness.

In a video ad last week announcing Lohan as a new "spokesperson" for the brand, the celebrity pokes fun at her own run-ins with the law. After that, an appeal was filed to try and get the lawsuit up and running again, but this week, the request was denied. "After talking to the team, I realized Lawyer.com is just about helping people, from getting a DUI ... let's not pretend like I didn't get one ... or two or three, or some others". (She's been living in Dubai, where she is apparently discussing designing a namesake island).

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