A New York state appellate court has decided to dismiss Lindsay Lohan lawsuit against Take-Two Interactive over what they claimed was an unauthorized use of their likeness in Grand Theft Auto V.
According to the decision, the suit "must fail because defendants did not use
name, portrait, or picture" and because Lohan's name is never used or referred to in the game, she herself is not an actress in the game, and a photograph of her was never used.
"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,'" the decision continues.
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