AceShowbiz -

Lindsay Lohan celebrated her 28th birthday by launching a lawsuit against "Grand Theft Auto V". The actress refused her likeness to be used as one of the characters in the popular video game, filing a civil lawsuit at Supreme Court in New York on Wednesday, July 2 against the makers.

The suit alleged that the character Lacey Jonas was "unequivocal" reference to Lohan. In the game, Jonas hid behind a car from paparazzi before asking one of the main characters for a ride. "Please, I'm hardly wearing any makeup," Jonas said. And when the main character did not recognize her, Jonas said, "I'm really famous! I didn't do anything - this is my average commute." The game also showed the Chateau Marmont, the West Hollywood hotel where Lohan frequently spent time at.

The suit stated, "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." She is seeking damages to be determined by the court.

Take-Two Interactive Software and Rockstar Games refused to comment on the legal matters but Digital Media Law Project offered its view on the case, saying, "As a general matter, you will not be held liable for using someone's name or likeness in a creative, entertaining, or artistic work that is transformative, meaning that you add some substantial creative element over and above the mere depiction of the person. In other words, the First Amendment ordinarily protects you if you use someone's name or likeness to create something new that is recognizably your own, rather than something that just evokes and exploits the person's identity."