A judge has dismissed the lawsuit of Lindsay Lohan filed against Take-Two Interactive, where the actress claimed that a character in Grand Theft Auto V was an “unequivocal” reference to her.
As our readers know, this case began in 2014 when Lohan accused the creators of the game for using her image without permission. However, after getting a small victory earlier this year, the famous petition has failed thanks to the First Amendment.
“As to Lohan’s claim that an avatar in the video game is she and that her image is used in various images,” says an appeals court ruling. “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.”
“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,” the report continues.
In the end, GTA V was classified as a work of satire and fiction thanks to its “unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game.”
Meanwhile, Lindsay Lohan still has the right to appeal this decision, so probably there will be more news about it in the future.