2010 MTV Movie Awards – Arrivals – California

It looks like the long-running saga between Lindsay Lohan and Rockstar Games has finally come to an end as the courts have tossed out Lohan’s lawsuit against the GTA V developer.

A while ago now, Lohan lawyered up and decided to take Take-Two and developer Rockstar Games to court over her apparent likeness used in Grand Theft Auto V without her consent. Her suit hinged on both the character used on the disc art for the game as well as a character used during a side-mission within the game.

The suit was of course ludicrous as both characters represented typical LA starlet tropes which could be tied to almost any Hollywood actress. However, Lohan was pretty intent on seeing this lawsuit through and now it seems to have come to an abrupt end, for the most part.

According to The Wall Street Journal, a Manhattan court has tossed out the appeal which hung on New York’s right-of-publicity law, which simply stated that a person’s portrait, picture, or voice, cannoy be used for advertising or trade purposes without written consent.

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According to the appeals court panel, GTA V “does not fall under the statutory definitions of ‘advertising’ or ‘trade’. This video game’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.”

While the panel didn’t comment on whether they believed Rockstar had used her likeness in the game deliberately, they did add that the red bikini peace sign girl used in the game’s various artwork are “not of Lohan herself, but merely the avatar in the game that Lohan claims is a depiction of her”.

 

Of course, Lohan isn’t giving up that easily and her lawyers are intending to appeal, thus starting another round of appeals and counter-appeals which will likely never end, that is until the millions of players who play the game fall out of love with it, which seems unlikely at this point.

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