Industry

Court rejects Lindsay Lohan's appeal in GTA V likeness lawsuit

Court rejects Lindsay Lohan's appeal in GTA V likeness lawsuit

In its decision, the court said the Jonas character was simply a "twenty something" woman rather than a deliberate attempt to include Lohan in the game. The media and her fans are also extremely obsessed about her, with Lacey claiming that one photo of her can reach a six-figure price and that the autobiography of her gynecologist was the best selling fiction and non-fiction book of 2010. Lohan said that the game's widely distributed promotional, box and disc art (one sample is above) was such a portrait, used without her written consent.

The character was featured in various marketing materials leading up to the release of Grand Theft Auto V in September of 2013 and was portrayed as a troubled Hollywood star who is constantly harassed by paparazzi.

Does the character resemble Lindsay Lohan? "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".

A spokesman for Lohan had declined for a comment, and her lawyer Frank Delle Donne was not immediately available for comment.

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. A panel of five judges decided in 2016 that since Rockstar isn't explicitly using Lohan to sell the game they're in the clear.

But he added that Lohan could not prevail because Grand Theft Auto V merely depicted a generic "20-something" woman, without any suggestion it was her.

While the court concluded that a computer generated image may constitute a "portrait" under state civil rights law, the "artistic renderings are indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman that are not reasonably identifiable", the court opinion stated. Therefore, the case was dismissed.

Similar claims against Take-Two by Mob Wives television star Karen Gravano were also dismissed in a separate ruling.


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