Lindsay Lohan has won her fight to have Take-Two's attempted dismissal of her lawsuit rejected.
Lohan is alleging that Rockstar intentionally used her likeness in Grand Theft Auto V. Now the New York Supreme Court has ruled that it cannot rely on Take-Two's current denials and that Lohan's case has sufficient merit to proceed.
Also rejected was Take-Two's argument that Lohan had left her legal action too late.
Lohan launched her lawsuit in July 2014. The Herbie: Fully Loaded, Mean Girls and Ugly Betty star alleged that Grand Theft Auto V character Lacey Jonas was unofficially based on her. The actress believes the character is an "unequivocal" reference to her, depicting her image, style and voice.
The following month Take-Two argued that Lohan was using the lawsuit to get attention, accusing the case of being frivolous”, and claiming that it was "filed for publicity purposes" and that the character resembles her only in being young and blonde – and crucially does not use her name or likeness.
Lohan replied by significantly upping the intensity of her claim. New evidence included pictures of the game discs, adorned with pictures of the ‘Lacey Jones' character and allegations that Rockstar "used a look-a-like model to evoke the persona and image" of Lohan by imitating a photograph that was once taken of her in 2007.