In 2018, tattoo artist Catherine Alexander filed a lawsuit against WWE and Take-Two Interactive and multiple partners over Randy Orton’s tattoo usage in WWE’s 2K video games. She believed that as she designed and inked them, she should be compensated, and when she went to WWE requesting this, they offered her just $450. Subsequently, the frequently delayed trial was in court last week, with Orton himself appearing as a witness, and on Friday, a jury found in favor of Alexander. However, despite WWE’s defense of fair use failing, she was only awarded $3750 in damages, which is likely far less than she’d hoped.
The fact Alexander won has come as a surprise to some as Take-Two Interactive Software previously won a similar case based on the tattoo designs used on NBA players LeBron James, Eric Bledsoe, and Kenyon Martin. In that case, it was determined that the tattoos weren’t similar enough to the actual tattoo designs on the players, as they were between 4.4% and 10.96% of the size that they appear in real life, and the player’s movements during games made them difficult to discern for players.
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