Lindsay Lohan sued Take-Two Interactive over the bikini-clad woman in the promotional material for GTA V, claiming that it had used her likeness without her permission.
Lohan claimed a character named Lacey Jonas was also based on her.
Before the lawsuit was even filed however, The Daily Dot confirmed the bikini-clad GTA V model was inspired by model Shelby Welinder, who is listed in the game’s credits.
The New York Supreme Court has ruled against Lohan, stating that Take-Two “did not use [plaintiffs’] name, portrait, or picture in the game.”
The court went on to rule that Lohan’s claim that her image is used must be dismissed.
“As to Lohan’s claim that an avatar in the videogame 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 videogame, never used Lohan herself as an actor for the videogame, and never used a photograph of Lohan.”
“This videogame’s 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,” which means that is protected under the First Amendment.