GTA 5-Lindsay Lohan Lawsuit Thrown Out

She can appeal, but for now Take-Two can breathe easy.

132 Comments

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
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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Avatar image for blue-peregrine
blue-peregrine

Up yours Lindsay Lowdown!

Avatar image for Tekarukite
Tekarukite

People bashing LL in here, but you have to look at the big picture, and this could set a dangerous precedent.

Just because something is "just" a video game, and if they use something that's not a "picture" of you, people could reproduce your likeness in a game and not ask you permission, give you any credit/profit, and possibly mock you. How would you feel if that happened to you??

Avatar image for whateverdude
WhateverDude

@Tekarukite: pretty awesome. because i'm in a fucking video game.

Avatar image for carl32
carl32

I always thought the pic was based on Pamela Anderson

Avatar image for zerohournow
Zerohournow

If she wants some money, she should just be a skank on some reality show and get some cash that way. Or get a real job, but that is not very likely.

Avatar image for djwood84
djwood84

She's just mad because the entire plot of GTA V was lifted from her oscar winning film, Kirby: Fully Loaded

Avatar image for rosinmonkekyx17
rosinmonkekyx17

Stupidity

Avatar image for Yams1980
Yams1980

doesn't look anything like her. Plus i saw a photoshoped example on how easy it is to imitate this cartoon drawing before.

http://blogs-images.forbes.com/insertcoin/files/2016/03/kate-upton-gta-1200x804.png

Actually the drawing in GTA 5 looks a lot like Yvonne Strahovski, who was a model and voice actor for mass effect 2 & 3.

Making false lawsuits and wasting the governments money like this should be illegal and lindsay lohan should be put in jail or at least deported to Syria.

Who is this character in GTA 5 anyways? I played through the whole game and I didn't see this character. The only female character that was about the same age was Michaels daughter in the game, but she looked completely different to this drawing.

Doesn't matter anyways, this cartoon drawing is meaningless, it made Rockstar no money, they could have made a stick figure drawing on the loading screen and the game would have sold just as much or more.

Avatar image for kazeswen
kazeswen

Man she is really running out of money. This is pretty desperate. After her attempt at landing a wealthy husband didn't work.

That's the problems with celebrities who don't do anything. Its hard enough making decent money as an actress even harder making money not acting and just being yourself.

Too many celebs nowadays are trying to make a living being famous for the sake of being famous. Doesn't work for everyone.

Avatar image for gunnmetal
gunnmetal

She tried and it didn't work, so that's that.

Avatar image for avico81
avico81

I thought they tried to get Bar Refaeli in this picture...

Avatar image for jkittleson
Jkittleson

I don't even know how stupid things like this go to court.She is a real piece of shit.I hope no one ever hires her.I want her working as a street walker.Man she is garbage.I wouldn't touch her with a 10 foot pole.Nasty stinky snatch and a rotten smelling butt ditch.

Avatar image for gunnmetal
gunnmetal

@jkittleson: you wouldn't even know what to do anyways.

Avatar image for DavidinCT
DavidinCT

@gunnmetal: It would be fun for a weekend... a lot of fun :)

Avatar image for suppaphly42
SuppaPHly42

@DavidinCT: that weekend could end with you being, bi winning, as in having "tiger blood" lol

Avatar image for jkittleson
Jkittleson

@gunnmetal: yeah I'd need Valtrex.

Avatar image for mem
MeM

It is so stupid. If they used her name then it would be a name to sell a product on her name alone, then it is illegal. If it is a reference or joke it is fully legal. If her version of identity protection laws where true, South Park's creators would be sued every five seconds. The mb boss law suit is stupid to as life stories are not protected by law.

Avatar image for edhc44
edhc44

That's the same pose all bitches do. Maybe she should trademark it in order to have easy access to crack money.

Avatar image for kazeswen
kazeswen

@edhc44: The Bitch Pose trademark. Wow that'll net you money for life. LOL

Avatar image for Herrick
Herrick

The pictures are similar. Who knows if someone at Rockstar decided to use it as inspiration. Impossible to tell. I don't follow celebrity news so I don't know if the Lohan picture was well known when it first emerged on the Internets.

Avatar image for obiken
obiken

I don't like LL, but she was right on this.

Avatar image for frank_castle
Frank_Castle

Lindsay Lohan isn't dead yet?

Avatar image for DeadManRollin
DeadManRollin

@frank_castle: Upvote for cool nick

Avatar image for Duffy12323
Duffy12323

My gf has a red bikini, can I sue?

Avatar image for Purpledust
Purpledust

@Duffy12323: You sure can!

Avatar image for ronthallsballs
RonThallsBalls

Fucking bullshit. So take 2 can just use anybody's likeness without consequences? This stupid country!

Avatar image for kazeswen
kazeswen

@ronthallsballs: Does that image look anything like Lohan? Seriously, do you see any facial resemblance at all?

Avatar image for blackace
blackace

@ronthallsballs: You can't be that stupid. Li-Lo is a drugged induced, party maniac, washed up actress. She will do anything to get some money in her pocket. This picture could be anyone who's has blood hair and a red bikini. Take-Two hired a girl and used her likeness, so it's definitely not Li-Lo. No one wants to hire her anymore.

Avatar image for tr4newreck
Tr4newreck

@ronthallsballs: go back to north korea!

Avatar image for loafofgame
loafofgame

Wasn't it confirmed early on that some model was the base for that pic? I'm going to look it up... Shelby Welinder is her name. Or was the proof she provided not sufficient enough?

Anyway, what was I doing...?

Avatar image for deactivated-58b0b257815cf

To the surprise of no one.

Avatar image for Richardthe3rd
Richardthe3rd

It would take some serious photoshop skills to make Lohan look like that now.

Avatar image for RogerioFM
RogerioFM

Ughhhhhh

*That moment when you can't make a joke in fear of being banned.

Avatar image for suppaphly42
SuppaPHly42

@RogerioFM: your avatar pic is enough. lol remember Charley Sheen 's "tiger blood" yeah whats in tiger blood.... "HIV" rember people for who they are, both lohan and sheen are filth :P

Avatar image for war61
war61

Half life 3 confirmed....

Avatar image for ferna1234
ferna1234

looks like someone is out of crack cash.

Avatar image for iammcgruber
IAmMcGruber

That cell phone tho..... Kinda looks like mine. Should I sue?

Avatar image for kaisal1
kaisal1

If anything, this promo looks like Kesha: http://www.games.ch/img/gta-v.418.500.RAc.1.jpg from the "Don't Stop" song than whatever claim Lindsey Lohan has over here. I mean look at it, she is holding a digital camera and a soda in her hand. Where is the selfie?

Avatar image for bongsyas_23
bongsyas_23

a blonde in a bikini that resembles a ho. yeah not many like her around

Avatar image for ggregd
ggregd

iJustine would have a much better case here. But she strikes me as being not an idiot.

Avatar image for jr_hal
Jr_Hal

It took this long to settle ?! Ray Charles could tell it wasn't her!

Avatar image for darthrevenx
DarthRevenX

@jr_hal: but Ray Charles is blind.....maybe if you said a nearsighted person could tell......

hell the actual model came forward and said, "naww that isn't Lohan, it's me" so that there should have gotten it thrown out.....

but there's the issues of the diva nonsense too, can't blame R* for using all too common tropes.....

Avatar image for tony56723
Tony56723

Lol

Avatar image for barakz0r
barakz0r

The picture cut girl need to sue Lindsy for even compare herself to her.

Avatar image for deactivated-5ae060efb3bf6

Who would have thunk it.

Avatar image for lonewolf1044
lonewolf1044

If anything the picture looks like Chole Kardashian and not Lohan and Chole is hotter than Lohan anyway.