Lindsay Lohan sued Take-Two interactive back in 2014, claiming that the gaming studio has used her, and her likeness in GTA5, and in its promotional material, without her consent and permission. The character named Lacey Jonas was alleged of being based on her, but then the character in the red bikini was also mentioned in the allegation, even though Daily Dot previously confirmed that it was served by another model.
Karen Gravano of Mob Wives also filed a similar allegation in 2014, saying that the character of Andrea Bottino was based on her ‘life’ and likeness (coincidence!). Both of the cases have now been tossed out of the court.
The specific division of the court in 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 video game 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 video game, never used Lohan herself as an actor for the video game, and never used a photograph of Lohan,
It further said
Even if we accept plaintiffs’ contentions that the video game depictions are close enough to be considered representations of the respective plaintiffs, plaintiffs’ claims should be dismissed because this video game does not fall under the statutory definitions of ‘advertising’ or ‘trade’.
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.
So basically, Lohan’s claim that her image was used to promote game was tossed because the picture of the women in red bikini “are not of Lohan herself, but merely the avatar in the game that Lohan claims is a depiction of her.”
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