The Lindsay Lohan lawsuit against Rockstar and Take-Two Interactive which claimed the poster girl for Grand Theft Auto V was an “unequivocal” reference to her has been thrown out.
Filed in 2014, Lohan’s lawsuit saw a preliminary victory for the actress after Take-Two’s motion to dismiss the case was denied.
The complaint read that
Lohan argues that defendants purposefully used Lohan’s bikini, shoulder-length blonde hair, jewellery, cell phone, and ‘signature peace sign’ pose’ in one image, and used Lohan’s likeness in another image by appropriating facial features, body type, physical appearance, hair, hat, sunglasses, jean shorts, and loose white top
However, a judge threw out the lawsuit due to protections in America’s First Amendment.
The appeals court ruling states.
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,
Even if we accept plaintiffs’ contentions that the videogame depictions are close enough to be considered representations of the respective plaintiffs, plaintiffs’ claims should be dismissed because this videogame does not fall under the statutory definitions of ‘advertising’ or ‘trade’.
Rockstar has previously confirmed that the “bikini girl” was in fact model and actress, Shelby Welinder.
While this step sees the Lindsay Lohan lawsuit thrown out, Lohan can still appeal the decision. So it is highly likely that this isn’t the last we will hear about this case.
Grand Theft Auto V is available now for PC, PlayStation 3, PlayStation 4, Xbox 360 and Xbox One.