A New York court Thursday dismissed a lawsuit filed by actress Lindsay Lohan accusing makers of the Grand Theft Auto video games of having based a character on her.
The 30-year-old was suing Take-Two Interactive Software Inc. – parent company of Rockstar Games – for the resemblance between the actress and “Lacey Jonas” from the developer’s widely known game Grand Theft Auto V. According to Lohan’s legal team, the character is modeled on a 2007 picture of the actress.
However, the five-judge Appellate Division panel in Manhattan said that the game maker did not use Lohan’s “name, portrait or picture” and therefore did not violate her right to privacy, Fortune reported. Take-Two Interactive Software had appealed to the Manhattan Appellate Division after a lower court would not dismiss the celebrity case.
The court also threw out a similar case filed by Karen Gravano, star of the "Mob Wives" television series, whose father is mobster Sammy ‘The Bull’ Gravano. Gravano had claimed that the character of Andrea Bottino was based on her, citing a similar backstory and voice.
The judges, however, maintained that the “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,” BBC reported.
While Lohan’s lawyer did not comment, Fortune reported Gravano’s lawyer Thomas Farinella as saying: “We’re clearly disappointed and are exploring our options.”
Before the ruling, the company reportedly said it believed Lohan filed the lawsuit for publicity.
Released in 2013 Grand Theft Auto V made over $650 million in global first day sales and has sold more than 65 million units worldwide, according to the company’s 2016 annual report.