Lindsay Lohan's GTA 5 lawsuit has been tossed out of court

Lindsay Lohan sued Take-Two Interactive in 2014, claiming that it had used her likeness in Grand Theft Auto 5, and its promotional materials, without her permission. Lohan alleged the character Lacey Jonas was based on her, and then later said the woman in the red bikini was also her, although the Daily Dot had previously confirmed that someone else served as the model for that character. 

Karen Gravano of Mob Wives tragi-fame filed a similar suit that same year, saying that the character of Andrea Bottino was based on her life and likeness. Both cases have now been tossed out of court

The Appellate Division of the Supreme Court of the State of New York ruled that the lawsuits “must fail because defendants did not use [plaintiffs'] name, portrait, or picture” in the game. “As to Lohan's claim that an avatar in the videogame 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 videogame, never used Lohan herself as an actor for the videogame, and never used a photograph of Lohan,” the ruling says.   

“Even if we accept plaintiffs' contentions that the videogame depictions are close enough to be considered representations of the respective plaintiffs, plaintiffs' claims should be dismissed because this videogame does not fall under the statutory definitions of 'advertising' or 'trade',” it continues. “This videogame's unique story, characters, dialogue, and environment, combined with the player's ability to choose how to proceed in the game, render it a work of fiction and satire,” which confers upon it First Amendment protections.

Finally, Lohan's claim that her image was used to promote the game was tossed because the pictures of the woman in the red bikini “are not of Lohan herself, but merely the avatar in the game that Lohan claims is a depiction of her.” And since that claim was dismissed, there was no foundation remaining for this one.

Thanks, Kotaku.

Andy Chalk

Andy has been gaming on PCs from the very beginning, starting as a youngster with text adventures and primitive action games on a cassette-based TRS80. From there he graduated to the glory days of Sierra Online adventures and Microprose sims, ran a local BBS, learned how to build PCs, and developed a longstanding love of RPGs, immersive sims, and shooters. He began writing videogame news in 2007 for The Escapist and somehow managed to avoid getting fired until 2014, when he joined the storied ranks of PC Gamer. He covers all aspects of the industry, from new game announcements and patch notes to legal disputes, Twitch beefs, esports, and Henry Cavill. Lots of Henry Cavill.