Lindsay Lohan’s lawsuit against Take-Two Interactive has been dismissed by a New York county judge. The suit, which was filed back in 2014, alleged that Lohan’s likeness was used without her consent in the smash hit video game Grand Theft Auto V.
A bikini-clad character that was heavily featured in marketing materials for the game was supposedly based on the Freaky Friday actress. Grand Theft Auto V developer Rockstar Games had vehemently denied these claims, but in March of this year, a judge deemed that there was enough evidence for the suit to go ahead.
Mob Wives star Karen Gravano made similar claims that the game had appropriated her likeness, arguing that the character of Andrea Bottino and her plotline about being moved to safe house was based on her life. However, both Lohan and Gravano’s cases have now been thrown out, according to a report from Gamespot.
An official statement detailing the decision asserts that both cases are to be dismissed because Grand Theft Auto V is a satirical work of fiction, and does not fall under the statutory definitions of advertising or trade. Furthermore, no explicit reference is made to either woman, either in the form of mentions of their name or photographic representations of either individual.
The precedent for this outcome dates back to a lawsuit from 1999 that alleged that the character of George Costanza from Seinfeld was based on New York City resident Michael Costanza.
While the decision to dismiss Lohan and Gravano’s suits will certainly be good news for Take-Two Interactive and Rockstar Games, there is still a chance that legal proceedings could continue. The plaintiffs have the right to appeal, so there’s a chance that the case could be resurrected in the coming months.
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