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Lindsay Lohan of Mean Girls fame has had her lawsuit against Take-Two Interactive thrown out. She originally sued Take-Two Interactive because she thought the character on the cover of Grand Theft Auto V, Lacey Jonas was an “unequivocal” reference to her, according to Gamespot.
In the game, Lacey Jonas is trying to escape the paparazzi with the help of Michael, one of the three main protagonists of Grand Theft Auto V. Another mission happens at a hotel that closely resembles Chateau Marmont in West Hollywood; Lohan was known to have lived there for a short time.
Earlier in the year, Lohan won a preliminary hearing, but Judge Joan Kennedy of the New York Supreme Court said the case was not going to be thrown. At the time of the law suit, Take-Two Interactive maintained that the likeness there was between Jonas and Lohan was that they were both “young, blonde women” and that Lohan’s suit was “filed for publicity purposes.”
Lohan’s case was thrown because of Take-Two Interactive’s First Amendment protections and was similar to a case thrown out against Take-Two Interactive by mob boss daughter, Karen Gravano.
An appeal’s court ruling stated that:
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.
Part of the ruling was that Grand Theft Auto V didn’t land as “trade” or “advertising” and thanks to its “unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game,” the game was ruled a game of fiction and satire.
Lohan can still appeal the decision and considering the circus show that is Lohan, it is plausible that she will appeal and that Take-Two Interactive’s relationship with Lohan isn’t soon to end.