Lindsay Lohan has been granted permission to proceed in her lawsuit against Take-Two Games in relation to her allegation that a character in Grand Theft Auto V is based on her.
Lohan has alleged that the ‘Lacey Jonas’ character, who adorns the game’s disc, is heavily drawn from her life, referencing the look of the character and a number of in-game references, including ones she allege connects with her role in Mean Girls, and a hotel in West Hollywood where the actress once lived. Lohan also alleges the disc image – a cartoon – is based on an image of her from 2007.
Hollywood Reporter reports that Take-Two put up a vigorous defence against the allegations in court in New York, including bringing up previous lawsuits Lohan has lost, but that the judge remained unconvinced, and found that the company hadn’t provided documentation to prove that the imagery wasn’t based on Lohan.
The character Jonas in the game is an image-obsessed young actor/ singer who is stalked by the media, and according to Lohan’s lawsuit an “unequivocal” reference to her.
The case will now proceed to a full hearing, allowing Lohan to present her case, with New York Supreme Court Judge Joan Kenney deciding she’d like to hear what Lohan has to say. The judge also dismissed a complaint from the game’s makers about the statute of limitation on the case, which they argued should be one year. Grand Theft Auto V was released in September 2013.
The case details reads: “When deciding whether or not a complaint should be dismissed, the complaint must be constructed in the light most favourable to the plaintiff [Lohan], and all factual allegations must be accepted as true.”
The games company, meanwhile, had previously alleged that Lohan filed the case for publicity purposes.
The verdict allowing Lohan to proceed can be read in full online, here.