see deal Grand Theft Auto V - PlayStation 3 $19.99 on Gamestop

A New York state appellate court has decided to dismiss Lindsay Lohan lawsuit against Take-Two Interactive over what they claimed was an unauthorized use of their likeness in Grand Theft Auto V

Loading

According to the decision, the suit "must fail because defendants did not use [plaintiffs'] name, portrait, or picture" and because Lohan's name is never used or referred to in the game, she herself is not an actress in the game, and a photograph of her was never used."Even if we accept plaintiffs' contentions that the video game depictions are close enough to be considered representations of the respective plaintiffs, plaintiffs' claims should be dismissed because this video game does not fall under the statutory definitions of 'advertising' or 'trade,'" the decision continues."This video game's unique story, characters, dialogue, and environment, combined with the player's ability to choose how to proceed in the game, render it a work of fiction and satire," and because fictional works and satire do not full under "advertising" or "trade," the court decided to throw the case out.The decision ends by also saying Lohan's claim that her image was then used for GTA 5 advertising should also be dismissed, as the merchandise only used the character in the game Lohan alleged was using her likeness and not an actual photo of her.IGN has reached out to Take-Two and Rockstar for further comment regarding the court's most recent decision and will update should we hear back.A motion to dismiss the case was rejected back in March of this year when New York Supreme Court judge Joan Kenney decided she wanted to hear what Lohan's legal team had to say about the case. The case first was confirmed in the summer of 2014 when Lohan filed a 67-page complaint, alleging that GTA developer Rockstar and the game's distributor Take-Two Interactive used Lohan's likeness without consent when creating a character in the game, Lacey Jonas.Shortly following the filing, Rockstar said the lawsuit was being carried out by Lohan for "publicity purposes."The decision also covers Mob Wives star Karen Gravano's suit against Take-Two. Gravano also alleged that Rockstar and Take-Two used her likeness and characteristics of her life without consent for the character of Andrea Bottino.

Jonathon Dornbush is an Associate Editor for IGN. Find him on Twitter @jmdornbush