Lindsay Lohan just can't seem to come out as the victor in court as she loses yet another case.
Lohan filed a suit against Grand Theft Auto developers, RockStar Games and Take-Two, publishers of the video game, for allegedly illustrating her for Grand Theft Auto V without consent from the actress. Lohan affirmed that Take-Two illegally used her likeness in promotional efforts of the long-running gaming series.
However, on Thursday, a New York appeals court dismissed Lohan's litigation.
Lohan took legal action against the Grand Theft makers in 2014 for utilizing the former Disney star's image that was depicted on the character Lacey Jones, otherwise known as red-bikini girl. Lohan believed that the GTA team violated the New York right-of-publicity rule, which restricts the use of a person’s photographic representation, image or voice for advertising or trade without written consent from the citizen.
The court tossed the case saying, "Even if we accept plaintiffs’ contentions that the video game depictions are close enough to be considered representations of the respective plaintiffs, plaintiff's claims should be dismissed because this video game does not fall under the statutory definitions of "advertising" or "trade."
The ruling continues, "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."
The New York court also decided to banish Mob Wives star, Karen Gravano's case of unlawful appropriation as she claimed a supporting character on Grand Theft Auto V duplicated her look as well.
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