Yesterday was Lindsay Lohan’s 28th birthday, so she decided to really treat herself. While your birthday treats might involve buying a cupcake on your lunch break, Lindsay’s involved a brand new lawsuit. In news that might shock you, however, considering this is Lindsay Lohan and she tends to operate on a certain side of the law that typically puts her in the “in trouble” position, she’s not the one being sued. Lindsay is suing the makers of Grand Theft Auto V for including a character with her likeness in the video game.
In the suit, against Take-Two Interactive and Rockstar Games, Lindsay claims the game’s character Lacey Jones, a famous actress who tries to avoid the paparazzi, is an “unequivocal” reference to Lindsay:
“The portraits of the Plaintiff (Lohan) incorporated her image, likeness, clothing, outfits, Plaintiff’s clothing line products, ensemble in the form of hats, hair style, sunglasses, jean shorts worn by the Plaintiff that were for sale to the public at least two years.”
Lindsay has apparently been planning this suit for a while, since last December it was reported she’d begun talking to her lawyers about the issue. This whole “Lindsay Lohan suing over what she thinks is a reference to her” thing might sound familiar to you. That’s because a few years ago she sued E-Trade claiming that a “milkaholic” talking baby named Lindsay in one of their ads was based on her. The case was settled in 2010 and Lindsay was reportedly “satisfied” with the result. Time for a sequel?
Forbes quotes an excerpt from the Digital Media Law Project which states that “you will not be held liable for using someone’s name or likeness in a creative, entertaining, or artistic work that is transformative, meaning that you add some substantial creative element over and above the mere depiction of the person.” So that could possibly apply to GTA‘s character. But everyone should treat themselves to a lawsuit on their special day at least once, wouldn’t you agree? Cake is like so overrated.
(Photo: DGA / WENN.com)