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GTA 5-Lindsay Lohan Lawsuit Thrown Out
Lindsay Lohan's lawsuit against Take-Two Interactive, which alleged a character in Grand Theft Auto V was an "unequivocal" reference to her, has been thrown out by a judge today.
The actress originally filed her lawsuit in 2014, claiming her likeness had been used without her permission. Earlier this year, she won a preliminary victory when Take-Two's motion to dismiss the case was denied. However, her case--as well as a similar one by the daughter of a mob boss, Karen Gravano--was thrown out today thanks to the First Amendment protections it's owed.
Lohan and the character in question"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," an appeals court ruling states.
"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," GTA V was deemed a work of fiction and satire.
Lohan is now free to appeal this decision, so don't expect this to be the last we hear of the matter.
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The actress originally filed her lawsuit in 2014, claiming her likeness had been used without her permission. Earlier this year, she won a preliminary victory when Take-Two's motion to dismiss the case was denied. However, her case--as well as a similar one by the daughter of a mob boss, Karen Gravano--was thrown out today thanks to the First Amendment protections it's owed.
Lohan and the character in question"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," an appeals court ruling states.
"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," GTA V was deemed a work of fiction and satire.
Lohan is now free to appeal this decision, so don't expect this to be the last we hear of the matter.
More...