This isn’t the first time Lohan’s done this, Rockstar points out.
Lindsay Lohan was just looking for publicity, Rockstar alleges, when she filed her suit against the makers of Grand Theft Auto V. Rockstar seeks dismissal of all charges against it, “given this case’s utter lack of merit and Ms. Lohan’s history of misuing the legal system.” Rockstar also seeks fines and sanctions against Lohan and her counsel, including coverage of Rockstar’s legal fees and expenses.
The history Rockstar is referring to is Lohan’s suit against the rapper Pitbull, which was dismissed last year. Lohan had sued Pitbull for referring to her in lyrics, claiming that the song Give Me Everything referenced her arrest in the line ‘I got it locked up like Lindsay Lohan.’ Judge Hurley ruled that the First Amendment provided full protection in that case, and Lohan narrowly avoided being sanctioned for filing a frivolous lawsuit.
In both the Pitbull case and the Rockstar suit Lohan relies on a section of New York Civil Rights law regarding publicity and privacy. In the Pitbull case the Judge declared the New York law didn’t apply to works of art. In any event, Pitbull’s lawyers told the court, Lohan hasn’t lived in New York in years. Neither do we, says Rockstar, pointing out that it doesn’t do business in New York and has no offices there, so a New York court has no right trying to claim jurisdiction.
“Even if there was any resemblance between Ms. Lohan and the GTAV characters (which there is not),” says Rockstar in its motion, “A creative work like GTAV simply cannot give rise to a right of publicity claim.” A final decision has yet to be made regarding Rockstar’s motion to dismiss.
Source: Hollywood Reporter