I will be the first to admit I had completely forgotten Lindsay Lohan tried to sue Take-Two Interactive. But, four years after the lawsuit was instituted, it’s finally been resolved, and, surprise surprise, it did not turn out in her favor. Again.
Before we delve into the completely expected results of the lawsuit, let’s jump back to 2014 to give everyone a refresher course. Lohan tried to sue Take-Two Interactive because she felt the minor character Lacey Jones looked like her, sounded like her, and dressed like her, and this somehow invaded her privacy. The sticking point of Lohan’s lawsuit was that Grand Theft Auto 5’s promotional material utilized pictures of Jones, one of which depicted her taking a selfie while wearing a red bikini and throwing the peace sign, not unlike a real picture of Lohan wearing a red bikini and throwing the peace sign. Calling the lawsuit spurious would be a disservice, as it was initially thrown out in 2014. What concluded yesterday was an appeal to New York State’s highest court, the Court of Appeals, which didn’t fare any better.
According to Reuters, the court unanimously rejected the case. According to Judge Eugene Fahey, Jones is “nothing more than cultural comment” and a depiction of a generic “twenty something.” Judge Fahey went more into detail:
The amended complaint was properly dismissed because the artistic renderings are indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman that are not reasonably identifiable as plaintiff.
Fahey also went on record that a computer image could be considered a “portrait,” which could be used in invasion of privacy claims. However, since he already stated Jones is a satirical jab at a particular demographic and not Lohan herself, the character doesn’t constitute any attack or invasion of privacy aimed at Lohan.
Neither Lohan’s spokesman, her lawyer, nor Take-Two commented on the decision. With any luck, this will be the last we hear of the lawsuit.