Actress Lindsay Lohan’s lawsuit against Rockstar Games in which she claimed the video game developer had based a character on her in the latest Grand Theft Auto has been thrown out.
It is the second time in two years that Lohan has tried to sue Rockstar Games, with her lawyers arguing that the character Lacey Jonas in Grand Theft Auto V was based on Lohan without her consent.
They claimed the character possessed nearly all of Lohan’s principal features, such as her blonde hair, voice, jewelry, and facial features. They also claimed Rockstar used a “look-alike model to evoke the persona and image” of Lohan, with the game’s principal artwork us a woman striking a similar peace pose to that of Lohan.
A judge originally allowed the case to proceed in March, saying she couldn’t “rely upon defendants’ documents aiming to show the images in question don’t show Lohan and ruled that the actress’ statements in her pleading had sufficiently alleged causes of action to merit a denial of the dismissal motion.”
However, last Wednesday, the New York Supreme Court dismissed the case, citing the fact that the image did not break any trade or advertising laws.
According to court documents obtained by The Hollywood Reporter, the artwork and characters used by Rockstar must be protected as “work of fiction and satire,” with the alleged depiction of Lohan not replicating any key elements of her identity, principally her “name, portrait or picture.”