Oh, Lindsay Lohan. What a difficult year you've had.
This time, it involves a lawsuit she placed against Take-Two Interactive, creators of the popular video game Grand Theft Auto. She claimed that the character named "Lacey Jones" was made in her likeness and filed a right of publicity statute.
In the lawsuit, she contested that the game eluded to her life: the constant stalking from paparazzi, the fact that she resides in West Hollywood, and that these two images photos are alike.
Well, the only problem is that - even if there is a resemblance - a video game does not use its contents to advertise, which is what her lawsuit claims. According to the Hollywood Reporter, her claim was thrown out Friday morning.
"Lohan's respective causes of action under Civil Rights Law § 51 must fail because defendants did not use [plaintiffs'] name, portrait, or picture," a panel of New York appellate judges determined. "As to Lohan's claim that an avatar in the video game is she and that her image is used in various images, defendants also 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 also determined that the "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."
Lohan also had her claim thrown out in regards to merchandise and coffee mugs that includes imagery of the character in question. "The images are not of Lohan herself, but merely the avatar in the game that Lohan claims is a depiction of her." Ouch.
Both Lilo and Karen Gravano of MobWives filed suit, and both were thrown out in the final decision. Gravano's $40 million lawsuit was in relation to a different character ("Andrea Bottino"), who, in the game, has a criminal father turned informant and appears in a reality TV show.
[Photo: Getty Images]