In affirming the lower court's dismissal of claims by Lindsay Lohan and Karen Gravano that characters in the Grand Theft Auto video game are avatars of them, the N Y Court of Appeals held that Avatars may be the basis for a Right of Publicity claim, but a celebrity cannot get to a jury just by claiming to identify with a character. The court will decide whether there is a sufficient basis for a jury to conclude that the person is capable of being identified based on the quality and quantity of the identifiable characteristics presented. Avatars that are indistinct, satirical representations of the style, look, and persona of type or character or a cultural comment that is not recognizable as plaintiff are not actionable. So just claiming I am the most famous celebrity of a certain type is not enough to get to a jury.
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.