Lindsay Lohan seen out in Manhattan on February 13, 2017 in New York City.
Robert Kamau—GC Images
By Lisa Marie Segarra
March 31, 2018

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.

Contact us at editors@time.com.

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