A lawsuit brought against Take-Two by a man claiming to be the basis for San Andreas’ Carl “CJ” Johnson has failed.

Michael “Shagg” Washington alleged that he was interviewed by Grand Theft Auto developer Rockstar in 2003 and that details of his life were used in Grand Theft Auto: San Andreas, but that he was not compensated.

He demanded US$250 million (AU$241 million) in damages.

Washington is listed as a model in San Andreas’ credits, but a California appeals court judge told Shagg that he was “relying entirely on CJ’s physical appearance in the game, but that appearance is so generic that it necessarily includes hundreds of other black males”.

According to the judge, more substantial evidence was required, and since US laws support transformative use of images, the case was lost.

Washington once claimed to be a backup singer for Cypress Hill, although the band itself tweeted in 2010 that that was not the case.

In related news, Grand Theft Auto 5’s second trailer release has been delayed due to Hurricane Sandy.

“It’s hard to be precise [regarding a date] as we have no power whatsoever in our New York office,” said the publisher.

In the meantime, check out the high-res promo art below.

Cypress Hill pretender fails to successfully sue Rockstar
Cypress Hill pretender fails to successfully sue Rockstar
Cypress Hill pretender fails to successfully sue Rockstar