Take-Two Interactive Software Inc did not use Lohan's "name,
portrait or picture" in "Grand Theft Auto V" and therefore did
not violate her right to privacy, the five-judge Appellate
Division panel in Manhattan said.
The court also dismissed similar claims against Take-Two by
Karen Gravano, star of the "Mob Wives" reality television
series.
Lohan's lawyer, Robert Pritchard, had no immediate comment,
while Gravano’s lawyer Thomas Farinella said: “We’re clearly
disappointed and are exploring our options.”
Take-Two did not immediately respond to a call seeking comment.
Lohan accused Take-Two and its Rockstar Games unit of modelling
"Grand Theft Auto V" actress character Lacey Jonas on her, with
a similar look, voice, clothing and hair.
But the appeals court said that even if the character resembled
Lohan, "Grand Theft Auto V' was protected as a "work of fiction
and satire."
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The panel also dismissed Lohan's claim that Take-Two improperly used
her image in advertising for the game because "the images are not of
Lohan herself, but merely the avatar," the court ruled.
Gravano, meanwhile, claimed that the game's character Andrea Bottino
mirrored aspects of her life, including how she speaks.
Lohan starred in the 1998 movie, "the Parent Trap," and 2004's "Mean
Girls," but in recent years she has been in the news more for her
legal woes and visits to rehab clinics.
"Grand Theft Auto V" has sold more than 65 million units worldwide,
according to the company's 2016 annual report.
(Reporting By Karen Freifeld; Additional reporting by Jonathan
Stempel; Editing by Tom Brown)
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