Back in 2014 famous actress Lindsey Lohan launched a lawsuit against Rockstar Games parent company Take-Two Interactive claiming that the developer used her likeness within Grand Theft Auto V without her permission. The official lawsuit claimed that Lacey Jonas is an “unequivocal” reference to Lohan. The case went even further to say that her voice as well as her clothing style were used without her official consent within GTA V.
The case was initially thrown out in 2016 due to the court ruling that “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,'” it continued. Instead, thanks to its “unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game.”
This ruling classifies GTA V as a satirical and fictional work which was free from such legal repercussions. As to no surprise Lohan chose to appeal the ruling. The appeal was as also yielded to be unsuccessful because it has recently been dismissed by the New York Court of Appeals.
In regards to the case the court ruled that “a computer generated image may constitute a portrait within the meaning of [Civil Rights Law sections 50 and 51]. We also conclude, however, that the subject images are not recognizable as plaintiff.” This final ruling concluded that the court did not see Lacey Jonas as a portrayal of Lohan.