Here is something you, the dear Techdirt reader, may not have known about me: I had always thought that there was only one proper spelling for the name “Lindsey.” I’m not sure why I thought that, but I was certain that name was only spelled with an “e” before the “y.” But, it turns out, spelling it as “Lindsay” is a perfectly common and accepted alternate spelling for the name. And the only reason that I now know that is because Linsday, with an “a,” Lohan will not let her lawsuit against Take-Two Interactive — for appropriating her likeness for several characters, which didn’t actually happen — die its final death.
First, a refresher. Lohan decided that a side quest character in Grand Theft Auto 5, which was actually an amalgam of several Hollywood starlet tropes, violated her publicity rights. She also claimed that an entirely different character that was used on some of the game’s marketing and packaging was also her and also violated her publicity rights. The case wove its way through the past half-decade, largely with the court and Take-Two casting narrow eyes at the mountains of paperwork Lohan’s legal team was able to produce while somehow maintaining an inability to come up with claims that were in any way credible, before the court finally tossed the lawsuit entirely. The court at the time made it clear that Take-Two’s characters weren’t direct appropriations of Lohan’s likeness and that the parody amalgam starlet it had created was clearly protected by the First Amendment.
But, for some reason, it appears that LiLo’s legal team was, like, “nuh uh!”
Lindsay Lohan has been granted an appeal in her lawsuit against the maker of the Grand Theft Auto video games. Last year, the Appellate Division Courthouse of New York State tossed the case, stating it was without merit. Her appeal was accepted by the New York Court of Appeals on 16 February.
It must be nice to have the kind of money required to keep the legal team going on a lawsuit that’s been a loser at every turn. Still, it’s perplexing that this lawsuit hasn’t been put out of its misery at this point. The nature of the characters and their status as protected speech seems as clear cut as it gets. And, perhaps more importantly, the character that Lohan is desperate to associate herself with for the purposes of this lawsuit is one that is depicted engaging in sex acts in a public setting and being photographed doing so. I’m struggling to understand why one would want to engage in this kind of legal reach under those circumstances.
Her legal staff should be informing her that it’s time to give this whole thing the Ol’ Yeller treatment. Why they aren’t doing so is beyond me.