Court Rejects Lindsay Lohan's 'Grand Theft Auto' Appeal

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By Molly Zilli, Esq. on April 03, 2018 12:00 PM

It feels like anytime you read a headline with Lindsay Lohan's name in it, you should immediately picture that gif of Michael Jackson eating popcorn. "This should be good." Well, Ms. Lohan took another hit last week when a court rejected her case against Grand Theft Auto for featuring a blonde in a bikini making a peace sign. That probably makes sense, since that description would likely make a fair number of current spring breakers shout, "OMG, it's me!"

Lohan's Case Against Grand Theft Auto

At the center of the controversy is a character in video game named Lacey Jonas. She is white, has strawberry blonde hair, and at one point is wearing a red bikini and making the peace sign, just like an older photo of the actress. And the character is even supposed to be a famous actress and singer.

Lohan originally filed her lawsuit against Grand Theft Auto publisher, Take-Two Interactive in 2014. She claimed that GTA invaded her privacy and used her likeness without her permission. After all, she had been "using the peace sign and hand gesture for years before and after its use in the video game," according to the complaint.

The Court: Character Is "Generic"

The New York appeals court, however, disagreed. They said that while computer-generated images can legally be called portraits, this one was not Lohan's portrait. They described GTA's Jonas character as a "generic ... twenty something woman without any particular identifying physical characteristics."

If you feel like your privacy has been violated, speak with an attorney today who can discuss your claims and explain your options going forward.

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