Lindsay Lohan's birthday suit, a lawsuit that was said to have been filed on the day she was born (July 2), alleges Take-Two Interactive's record-smashing video game, Grand Theft Auto V, borrowed from her likeness and a scene from the actor's off-screen drama.
Lohan's suit was reportedly filed in a Manhattan court, on the day the "Mean Girls" and "Freaky Friday" star celebrated her 28th birthday. The Grand Theft Auto V character in question is supposedly a nonplayable character named "Lacey Jonas."
"The portraits of the Plaintiff (Lohan) incorporated her image, likeness, clothing, outfits, Plaintiff's clothing line products, ensemble in the form of hats, hair style, sunglasses, jean shorts worn by the Plaintiff that were for sale to the public at least two years" stated Lohan's suit.
The suit cites several other elements it alleges was borrowed from Lohan's life, including a mission that tasks players with assisting an actress escape from aggressive paparazzi. The lawsuit also alleges the game entails photographing an actress engaging in intercourse at the Chateau Marmont, a hotel that banned the Lohan for refusing to pay a $46,350 bill.
Rumors of Lohan's lawsuit began to emerge back in December 2013, roughly three months after the game's Sept. 17, 2013, release.
Since releasing on the PlayStation 3 and Xbox 360, Grand Theft Auto V has set seven Guinness World Records, including achievements such as grossing $1 billion faster than any entertainment property and selling more than any game within a 24-hour period.
But while the game has a history of stirring controversy due to its high level of violence and crude content, the latest iteration seems to be drawing as many infringement claims as it has raised censorship battles. Lohan wasn't the first celebrity to claim Grand Theft Auto V borrowed from her without her permission.
Roughly a month after the game was released, Daz Dillinger, a hip-hop producer and rapper, sent a cease-and-desist letter to Rockstar, the developer of Grand Theft Auto V. The rapper alleged Rockstar used two of his songs in the game without his permission.
While Rockstar and Take-Two Interactive have declined to comment on the Lohan lawsuit, the defendants will likely turn to fair use law, in which parody may constitute transformative use of protected materials and ideas.
