Lindsay Lohan v. Take-Two Interactive Software

97 N.E.3d 389 (2018)

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Lindsay Lohan v. Take-Two Interactive Software

New York Court of Appeals
97 N.E.3d 389 (2018)

Facts

Take-Two Interactive Software (Take-Two) (defendant) developed and sold the video game Grand Theft Auto V (GTAV). In addition to a 50-hour principal storyline, GTAV contained approximately 100 hours of supplementary game play that included a scene in which the player encountered a character named Lacey Jonas hiding from paparazzi in an alley. Jonas described herself as a famous actress and singer. One screen depicted Jonas as a blonde woman being frisked by a police officer while wearing denim shorts, a fedora, necklaces, big sunglasses, and a white T-shirt. Another screen featured the same blonde woman taking a selfie with her phone while wearing a red bikini and bracelets. Take-Two used both images in promotional materials, including billboards. Arguing that the Jonas character represented her, actress Lindsay Lohan (plaintiff) sued Take-Two for invasion of privacy under §§ 50 and 51 of the New York Civil Rights Law, which prohibited the use of a person’s name, portrait, or picture for advertising or trade purposes without the person’s consent. The trial court denied Take-Two’s motion to dismiss the complaint, but the appellate court reversed. Lohan appealed.

Rule of Law

Issue

Holding and Reasoning (Fahey, J.)

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