Lindsay Lohan’s lawsuit against GTA V developers Rockstar Games has been thrown out by an appellate panel in Manhattan on Thursday.
The famed actor filed a lawsuit against Rockstar back in July 2014 alleging the studio used her image, voice and styles from her clothing line for an in-game character and also promotional material, including the photo shown above.
Take-Two and Rockstar responded a month later, calling the lawsuit “frivolous” and publicity seeking.
Despite a previous judge denying Take-Two’s request for a dismissal, and stating Lohan’s claims were “sufficient”, on Thursday an appellate panel in Manhattan dismissed the lawsuit, stating the images cited in the lawsuit don’t qualify as advertising or trade.
The ruling read, “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.'”
“This video game’s unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game, render it a work of fiction and satire.”