When Lindsay Lohan’s publicists told her she needed to do something about her image, I don’t think this is what they had in mind. Lohan sued the makers of the popular video game Grand Theft Auto V alleging that a character in the game is a knock-off of her and her image was used without permission. The case was initially dismissed but the appeals court hit the replay button on her case.

Grand Theft Auto V was released in September 2013 as another installment in the popular video games series that has been vilified by some groups for its violent content. As with most things controversial, the game is super popular. Grand Theft Auto V became the fastest selling entertainment product in history, earning $800 million in its first day on the market and $1 billion in its first three days. In comparison, Lindsay Lohan’s biggest grossing movie to date was Freaky Friday with $110 million.

Lohan claims a character in the game, Lacey Jonas, is an “unequivocal” reference to her as Lohan’s image, voice and styles from her clothing line are depicted. Lohan further claims the game features West Hollywood’s Chateau Marmont hotel, where Lohan once lived, and Jonas seeks help evading the prying paparazzi. The character can be seen in the image above and seems to look more like Kate Upton to me but I digress. Kate, hit me up if you need a lawyer. The complaint was filed in New York State Court and alleges that the makers of the game depicted her image and likeness without permission in violation of her rights of publicity. Seems like Lohan usually likes the publicity but not of the unpaying kind.

Last year, Lohan’s lawsuit was dismissed when a lower court ruled that Take-Two didn’t use her actual “name, portrait or picture.” But, everyone knows that you never really die in a video game. An appeals court judge overruled the decision to toss the case, and granted Lohan a chance to challenge the decision. Argument for the case will be heard some time in the future so this case is far from over.