Lindsay Lohan's lawsuit against the publisher of Grand Theft Auto V was dismissed by a panel of New York judges Thursday, after it determined her likeness was not used anywhere in the game or its marketing materials.
Lohan, along with Mob Wives star Karen Gravano, sued publisher Take-Two in 2014. Lohan claimed the blond, bikini-clad illustration that appeared on GTA V's box art and loading screens was supposed to be her. In particular, she referenced the "bikini, shoulder-length blonde hair, jewelry, cell phone, and 'signature peace sign' pose" as evidence, according to court documents. (She's referring to the right image above.)
Additionally, Lohan alleged one of the characters you could encounter during one of the game's paparazzi side missions was meant to resemble and satirize her.
Gravano had similar claims, arguing that side mission character Andrea Bottino closely resembled her.
Specifically, Gravano argues that the character uses the same phrases she uses; that the character's father mirrors Gravano's own father; that the character's story about moving out west to safe houses mirrors Gravano's fear of being ripped out of her former life and being sent to Nebraska; that the character's story about dealing with the character's father cooperating with the state government is the same as Gravano dealing with the repercussions of her father's cooperation; and that the character's father not letting the character do a reality show is the same as Gravano's father publicly decrying her doing a reality show.
But on Thursday, the New York Supreme Court disagreed, dismissing both suits. As the court document states, neither woman's name, photograph or image was actually used in the game. Even if the game did base characters on them, because Grand Theft Auto V is "a work of fiction or satire," it is allowed to do so.
As a side win for game fans, the judges agreed that video games deserve First Amendment protection, "like the protected books, plays and movies that proceeded them."
Take-Two argued for the lawsuit's dismissal since its filing, arguing that Lohan "filed it for publicity purposes."
