Lindsay Lohan Sues Grand Theft Auto Producers – Does She Have a Case?

07/03/2014 at 07:15 PM EDT

Lindsay Lohan Sues Grand Theft Auto Producers
Lindsay Lohan (left) and Lacey Jonas
Startraks Photo; Grand Theft Auto
Lindsay Lohan rang in her 28th birthday Wednesday with a lawsuit.

The controversial actress filed a civil suit against Rockstar Games, the makers of Grand Theft Auto V, with the state Supreme Court in New York Wednesday, claiming her likeness was used for a character in the video game without her permission, according to the Los Angeles Times.

The lawsuit claims that character Lacey Jonas is an "unequivocal" reference to the Mean Girls star, 28.

"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," the suit claims, according to Forbes.

In the game, Jonas hides from paparazzi and asks a main character for a lift. "Please, I'm hardly wearing any makeup," she says.

When the main character fails to recognize her, she says, "I'm really famous! I didn't do anything – this is my average commute."

While Lohan may be convinced the character points to her, buzz around the Web links the blond character to Sports Illustrated swimsuit model Kate Upton.

But, according to a report from NowGamer, the Grand Theft Auto blond beauty is actually model Shelby Welinder.

"It's nice to see all these people referring to me as a porn star and a slut," Welinder said in 2012. "Quite entertaining to say the least. I worked for [Rockstar] and signed a release that said I'd be listed in the game credits."

Rockstar Games did not immediately respond to a request for comment.

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