Lindsay Lohan
Lindsay Lohan poses at opening night of the Lohan Nightclub in the Kerameikos neighborhood Athens, Greece, on October 16, 2016.
The state Court of Appeals in Albany rejected Lohan's request to reinstate her lawsuit against Take-Two Interactive Software, in which she claimed the video game's creators used her likeness without permission.
But he said Lohan could not prevail because "Grand Theft Auto V" merely depicted a generic "twenty something" woman, without any suggestion it was her.
On Thursday, Lindsay Lohan failed to convince the highest state appellate court in NY to revive her lawsuit against Take-Two Interactive, publisher of the popular Grand Theft Auto games.
Players proceeding through the game's main plot encounter Jonas hiding in an alley from paparazzi and can elect to help in that mission.
The court affirmed a ruling from a lower state appeals court dismissing her lawsuit.
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In the game, the character, Lacey Jonas, calls herself "really famous" and an "actress slash singer". He added: "It is undisputed that defendants did not refer to plaintiff in [Grand Theft Auto], did not use her name. and did not use a photograph of her in that game".
The New York court also upheld a ruling dismissing a similar lawsuit to Lohan's filed by Karen Gravano, the daughter of former Mafia underboss and Federal Bureau of Investigation informant Sammy "The Bull" Gravano.
The "Grand Theft Auto" series has sold more than 275 million units.
At the time, Rockstar said Lohan was just wanting attention, but Lohan's lawyers expanded the initial complaint later in 2014.
Gravano's attorney Thomas Farinella took heart in the broader import of Thursday's ruling. Lohan's lawyers filed an appeal soon after.
In both cases, Judge Rowan Wilson took no part. Take-Two, based in NY, did not respond to requests for comment.
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