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Sorry, Lindsay Lohan; you’re out of gas in your legal skirmish with the makers of the “Grand Theft Auto” video game line. Again.
Lohan, who initially filed suit against Take Two Interactive Software in 2014, alleging that the character Lacey Jonas from “Grand Theft Auto V” misappropriated her likeness, received bad news on Thursday with an appeals court, which found that the suit was properly dismissed in an earlier court decision.
“The primary questions on this appeal are whether an avatar (that is, a graphical representation of a person, in a video game or like media) may constitute a ‘portrait’ within the meaning of Civil Rights Law §§ 50 and 51 and, if so, whether the images in question in the video game central to this matter are recognizable as plaintiff,” Thursday’s decision reads. “We conclude a computer generated image may constitute a portrait within the meaning of that law. We also conclude, however, that the subject images are not recognizable as plaintiff, and that the amended complaint, which contains four causes of action for violation of privacy pursuant to Civil Rights Law §§ 50 and 51, was properly dismissed.”
The suit was previously dismissed in 2016 decision from New York Supreme Court.
“Defendants … 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,” the Supreme Court decision found.
Pamela Chelin contributed to this report.