Actress Lindsay Lohan lost her privacy claim against the makers of video game Grand Theft Auto V in a unanimous decision rendered by the Court of Appeals. In the filing, the former Disney child star claimed that one of the game’s main characters resembles her.
Six judges at the Court of Appeals in the state of New York unanimously rejected Lohan’s claim that a character in GTA V named Lacey Jonas was based on her. In its ruling, the court held that the “actress-slash-singer” featured in the game merely depicted a generic young woman in her 20s, the Washington Post wrote, and does not conclusively identify with Lohan. The privacy lawsuit, according to BBC News, was first filed by Lohan against Rockstar Games in 2014, shortly after the game was released to the public.
The character in question described herself in the game as a “really famous” actress and singer who has starred in romantic comedies. As for her appearance, she is wearing large sunglasses and a fedora. In another scene, she is wearing a red bikini and holding up a peace sign while taking a selfie with her phone.
While the description and look of the character are too common and can be easily associated with other female Hollywood celebrities, Lohan has long claimed that Lacey Jonas was inspired by her and is her “look-alike.”
In deciding the case, the appellate judges held that although a computer-generated image comes within the ambit of “portrait” in the legal sense and could support the Mean Girls star’s invasion of privacy claim, the image in the game does not bear a likeness that is strong enough to support the actress’ allegation.
In his ruling, Judge Eugene Fahey wrote, “[The] artistic renderings are indistinct, satirical representations of the style, look and persona of a modern, beach-going young woman… that is not recognizable as plaintiff.”
In its motion to dismiss, the software company also alleged in their defense that the 31-year-old star has a “history of misusing the legal system.”
In 2010, Lohan settled a $100 million lawsuit against E-Trade after she claimed that an ad featuring “milkaholic” baby named Lindsay was mocking her and her history of drug and alcohol abuse. She also filed a defamation lawsuit against Pitbull in 2013 over the song “Give Me Everything,” in which the rapper says, “So, I’m tip-toein’, to keep flowin’, I got it locked up, like Lindsay Lohan.”
Neither Lindsay Lohan nor the creators of Grand Theft Auto V have commented on the court’s latest ruling.