Last Thursday, New York's highest Court upheld the dismissal
of a lawsuit filed by actress Lindsay Lohan accusing Take-Two
Interactive Software, Inc., the maker of the popular video game
Grand Theft Auto V ("GTA"), of violating her right to
privacy. This is the second appeal that Lohan has lost against
Take-Two.
Lohan alleged that Take-Two used avatars (graphical
representations of a person, in video game or like media) that
depicted her in GTA. The Court held while Lohan could base a
privacy claim on the use of an avatar, an issue of first impression
under New York law, the avatar in question was an "indistinct,
satirical representation of the style, look and persona of a
modern, beach going young woman" and was not "reasonably
identifiable" as Lohan.
