Lindsay Lohan
Actress Lindsay Lohan rehearses a scene from "Speed the Plow" by David Mamet at the Playhouse Theatre in London. Reuters/Suzanne Plunkett

“Mean Girls” actress Lindsay Lohan has been fighting a case against Rockstar Games, the Grand Theft Auto developer, and publisher Take-Two Interactive since 2014. She claimed that they had based a character called Lacey Jonas on her. She sued them twice in two years. However, on Sept. 1, a New York state appeals court dismissed the suit.

The New York County Supreme Court initially allowed her the lawsuit to proceed because the video game bosses had not provided documentation to prove that Jonas was not based on Lohan.

Lindsay’s lawyers had claimed that Rockstar used her shoulder-length blonde hair, bikini, jewellery and signature peace sign pose in an image. They also said that they modelled her facial features, physical appearance, hair, sunglasses, jean shorts and a white top, and her voice in Grand Theft Auto V. GTA V is a video game that takes place in the fictional city Los Santos where players act as car-stealing criminals.

Lohan said that the character, with the cover art illustrations, initiated unequivocal reference to her without her consent.

In the game, the main character Franklin has dialogue that seems to target Lacey’s roles in movies. Cheerleader movies and romantic comedies are what Lacey is known for. To this, she retorts that Franklin is labelling her and that she has more character than that.

The court did not ignore the idea of similarities between Lindsay and the game character, Lacey, but the video game did not fall under the definition of trade or advertising.

According to the documents obtained by The Hollywood Reporter, the court decided that Take Two Interactive did not use Lindsay’s “name, portrait or picture” and the game is protected as a “work of fiction and satire.” Therefore, it does not violate Lohan’s right to privacy, and hence, dismissed the lawsuit filed by her.