FASHION LAW: LINDSAY LOHAN VS GTA V IN VARIOUS INTELLECTUAL PROPERTY CLAIMS

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Lindsay Lohan reportedly will file suit against Rockstar Games for the alleged use of her likeliness in the game Grand Theft Auto V without permission. It is reported that the actress wants to sue GTA V in various Intellectual Property Claims. IP, Intellectual property is a concept which refers to creations of the mind for which exclusive rights are recognized. These rights are split into a variation of intangible assets. These can include musical, literary, and artistic works (inventions, phrases, symbols, and designs). The most common types of intellectual property rights include copyright laws, trademarks, patents, industrial design rights, and trade dress. All of these will be featured through FashionBoss’s site within time.

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Lindsay Lohan VS GTA V

The game features a mission to save a Hollywood starlit, “Lacey,” from the paparazzi. Another part of the game focuses on saving “Lacey” at the Chateau Marmont Hotel in West Hollywood – Lohan’s prior residence.

In addition to the game’s plot line, Lohan will also likely claim that the girl featured on the cover artwork for the game is also based on her. Lohan has repeatedly been photographed giving the peace sign, similar to the girl featured on the cover.

Screen shot 2013-12-08 at 9.38.32 PMShelby Wellinder for Major Models Agency

However, it has already been determined that model Shelby Welinder is the character on the cover artwork for the game. Welinder tweeted a picture of an invoice from Rockstar for use of her image on a Rockstar Video Game.

Lohan’s suit will be very difficult to prove. In order prove a right of publicity case, she must show use of her likeness and name to the defendant’s advantage, as well as lack of consent and damages. But here, because Welinder has already declared that she is the girl in the cover artwork, Lohan will not have a strong case to prove that Rockstar used her identity.

Reference text and image via WebProNews + DailyMail UK

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