Lindsay Lohan loses appeal against GTA 5 using her "likeness" in-game

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The court said that Lacey may constitute a "portrait" under NY civil rights law but that the artistic rendering was "satirical" and "not reasonably identifiable".

Fahey also went on record that a computer image could be considered a "portrait", which could be used in invasion of privacy claims.

I will be the first to admit I had completely forgotten Lindsay Lohan tried to sue Take-Two Interactive.

Lohan said that Lacey Jonas' character was blonde, wore a red bikini, and famously threw up a peace sign, and Lohan said it was clear that the game had misappropriated her "portrait", "voice", and "persona".

Lacey Jonas is a one-off character appearing in a random event called "Escape Paparazzi" in Grand Theft Auto 5.

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The court affirmed a ruling from a lower state appeals court dismissing her lawsuit.

In Thursday's decision, a judge said a computer image, or avatar, may constitute a "portrait" to support an invasion of privacy claim under NY civil rights law. They said it did not owe Lohan any damages.

Lohan's lawyer Frank A. Delle Donne did not immediately respond to a request for comment.

GTA 5's bikini-clad, selfie-taking Lacey Jonas character did not rip-off the image of Mean Girls actress Lindsay Lohan, a U.S. appeals court has ruled. Judge Eugene Fahey said the character in question, Lacey Jones, depicted a generic twenty-something woman that wasn't specifically referencing the actress. The official lawsuit claimed that Lacy Jonas is an "unequivocal" reference to Lohan. She also filed a defamation lawsuit against Pitbull in 2013 over the song "Give Me Everything", in which the rapper says, "So, I'm tip-toein', to keep flowin', I got it locked up, like Lindsay Lohan".

In a separate order, the court dismissed similar claims against Take-Two by Karen Gravano, a star of the reality TV series "Mob Wives", over another character.

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