Lindsay Lohan’s case against Take-Two Interactive over a Grand Theft Auto 5 character was rejected by New York state’s highest court.
Lohan’s suit claimed that the Grand Theft Auto 5 character Lacey Jonas, who appears in an in-game event, was an unlawful use of her likeness.
A New York Supreme Court judge ruled against Lohan, Polygon reported, which was upheld by the Court of Appeals. The question came down to whether Lacey Jones, which was also heavily featured on promotional materials the box and disc art for the game, could be considered a portrait of Lohan. The courts ultimately decided that it did not noting that the characterization was “indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman that are not reasonably identifiable as plaintiff.”
However, the ruling does note that video game characters can serve as a likeness, similar to photographs and other depictions, even if the Lacey Jones character did not apply to Lohan.
Lohan has the option to appeal to the United State Supreme Court, Polygon notes, but she would have to prove that the state’s privacy laws conflict with Constitutional law or precedent.
More Must-Reads from TIME
- How Donald Trump Won
- The Best Inventions of 2024
- Why Sleep Is the Key to Living Longer
- How to Break 8 Toxic Communication Habits
- Nicola Coughlan Bet on Herself—And Won
- What It’s Like to Have Long COVID As a Kid
- 22 Essential Works of Indigenous Cinema
- Meet TIME's Newest Class of Next Generation Leaders
Contact us at letters@time.com