American actress Lindsay Lohan has recently been allowed by a Supreme Court judge to pursue her case against the developers of Grand Theft Auto V for allegedly using her likeness as the basis for some of the game’s images.
New York Supreme Court judge Joan Kennedy ruled on Friday that she should make all available inferences in Lohan’s favor in this stage of the case. Judge Kennedy also said in a statement that she cannot rely solely on the evidence that the defendant, Take-Two Interactive, prepared to disprove the actress’ claim.
Another report stated that Lohan’s team was able to provide their own photos to highlight the similarities, and there may be some reason why Take-Two chose images that are similar to those.
— Hollywood Reporter (@THR) March 14, 2016
Lohan’s legal team is alleging that the software developer used her image in 2007 as the basis for the game images. GTA 5 was in development between 2009 and 2013, the same time frame when the former child actress was in and out of courthouses and even jail.
Lastly, the judge ruled that the game developer’s argument about the case having exceeded the statute of limitations is not valid. She said that the defendants were not able to prove that the lawsuit is not included in the re-publication exception.
— Complex UK (@complex_uk) March 16, 2016
This is because the intended audience of the original publication of the game has remained the same, and the images have not changed. As a result, Lindsey Lohan will have the opportunity to battle it out against the games developer.
The actress initially filed the complaint in July 2014 and claimed that aside from using her image as the basis for GTA 5 game images, Take-Two also used it in billboards, mugs, posters, buses, websites, and other forms of advertisement.
However, it is worth noting that the images that Lohan is referring to are of two different characters, and not one. The more popular image is the Red Bikini Girl, which some people think may have been based on model Kate Upton, save for her selfie-taking pose.
— GameSpot (@gamespot) March 15, 2016
Meanwhile, the other girl in the game is Lacey Jonas, an in-game character who has an elaborate background. According to the Wikia site of GTA V, Jonas is “full of herself, seeing herself as a role model for teenagers.”
In the description, Lacey is not just self-obsessed but also anorexic. The character also appears in the “Escape Paparazzi” random event in the game. In comparison, Lindsay Lohan has been very evasive of the media and paparazzi ever since her legal battles started.
In this juncture, it is possible to believe that the software developer may have used Lohan’s old picture as the basis for the Red Bikini Girl and used her reputation as the basis for Lacey’s profile.
Unfortunately for Lohan, even if she is allowed by the court to pursue her case against the developer, she has not been too successful in her other legal cases in the past.
She once tried to sue the rapper Pitbull for putting her name in the lyrics of one of his songs. However, the judge ruled that it was the rapper’s freedom of expression.
— Big Daddy Ron (@RonC0320) February 23, 2013
GTA 5 is one of the fastest-selling entertainment products in history. It sold more than $700 million worldwide a day after its release in 2013. The video game went on to break the $1 billion barrier and was able to stay strong in the next couple of weeks following its release.
Take-Two is a multinational publisher, developer, and distributor of video games and other peripherals. It is among the biggest companies in the industry, as it owns Rockstar Games, Firaxis Games, and 2K Games.
[Photo by Charley Gallay/Getty Images]