Lindsay Lohan’s lawsuit against Grand Theft Auto 5 can go forward, judge rules

Lindsay Lohan’s lawsuit alleging the unauthorized use of her likeness in 2013’s Grand Theft Auto 5 has survived a motion for a dismissal and will move forward, an unlikely victory for the notorious actress.

Given Lohan’s public figure status and the broad protections offered to works of satire, the motion to dismiss was no formality or delaying tactic. Yet that didn’t factor into New York State Supreme Court judge Joan Kennedy’s ruling on Friday. She allowed the case to proceed, without commenting on the merit of Lohan’s claim. Kennedy also mentioned that Take-Two’s defense that the images in question don’t depict Lohan could not be considered at this stage.

Lohan claims that a character in Grand Theft Auto 5, Lacey Jonas, is effectively her appearing in that game without her permission. In addition to having a similar sounding name, Jonas and Lohan are actresses with a fast rise to fame, a checkered history, and blonde hair. Cover, disc and promotional art featuring this character in a bikini is also an unauthorized use, Lohan alleges.

Take-Two Interactive, the parent company of GTA publisher Rockstar Games, shot back in its August 2014 rebuttal that Lohan is using the lawsuit for her own publicity. Take-Two also claimed that Lohan’s lawsuit missed a one-year statute of limitations, which the judge rejected.

The news brought a rather acid response from Ned Luke, the voice actor who portrayed GTA 5 protagonist Michael de Santa. He tweeted a picture of a cow from the game, implying that was an unauthorized use of Lohan’s likeness, hashtagging it “LindsayIsNuts.”