Lindsay Lohan v. Take-Two Interactive Software

97 N.E.3d 389 (2018)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership