Lindsay Lohan's Grand Theft Auto Lawsuit Tossed

Lindsay Lohan's Grand Theft Auto Lawsuit Tossed

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. Actress Lindsay Lohan's attempt to have the makers of Grand Theft Auto held liable for violating her privacy fizzled in New York's top court.

In late 2013, shortly after the release of GTA V, Lindsay Lohan began to call out Rockstar for apparently creating a character with a resemblance to her in their marketing and in-game assets without consent.

Lohan, 31, sued the company in 2014 claiming a character in the popular series named Lacey Jonas was her "look-a-like".

Lohan was upset over the game character Lacey Jonas who she felt was a "look and sound-alike". "Should the court find that the various elements of the Jonas character are a recognizable likeness of Lohan, she could prevail on proving that Take-Two and Rockstar have infringed".

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"We conclude a computer generated image may constitute a portrait within the meaning of that law", the verdict reads.

In Thursday's decision, Judge Eugene Fahey said a computer image, or avatar, may constitute a "portrait" to support an invasion of privacy claim under NY civil rights law. "Moreover, the ambiguous representations in question are nothing more than cultural comment that is not recognizable as plaintiff and therefore is not actionable under Civil Rights Law article 5".

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".

The panel also dismissed a similar lawsuit by Mob Wives star Karen Gravano for similar reasons.