Lindsay Lohan loses Grand Theft Auto V lawsuit

Not Lindsay Lohan (Take-Two Interactive)
Not Lindsay Lohan (Take-Two Interactive)

Lindsay Lohan's lawsuit against the publisher of ultraviolent videogame Grand Theft Auto V has been thrown out of court.

The Mean Girls actress had accused Take-Two Interactive of using her likeness in the game, and using her image to drive its record-breaking sales.

Two characters got Lohan's attention - Lacey Jonas, an actress the player helps hide from the paparazzi, and an unnamed bikini-clad woman giving the peace sign, used in the game's loading screen and promotional materials.

"The plaintiff has been using the peace sign hand gesture for years before and after its use in the video game," Lohan's lawyers claimed, also saying that "multiple people in the general public have reached out to the plaintiff believing [Lacey Jonas] was the plaintiff, creating consumer confusion in the market place".

The case went all the way to the US Supreme Court, which said Lohan's suit "must fail" because the defendants "never referred to Lohan by name or used her actual name in the video game, never used Lohan herself as an actor for the video game, and never used a photograph of Lohan".

The court said even if players were meant to think Lacey Jonas was Lohan, because the game itself is not an advertisement, it wasn't against the law.

"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."

Lindsay Lohan loses Grand Theft Auto V lawsuit

Lacey Jonas from Grand Theft Auto V

As for the peace sign woman used in the game's advertising, the court ruled it was "merely the avatar in the game that Lohan claims is a depiction of here… and therefore was not commercial".

Mob Wives star Karen Gravano filed a similar suit, claiming minor character Andrea Bottino was based on her. That suit was also thrown out, for the same reasons.

Grand Theft Auto V has been a commercial juggernaut for Take-Two Interactive and developer Rockstar North, shipping more than 65 million copies since its release in 2013.