Last year we reported that a U.S. District Court Judge had reviewed a case brought by Illinois tattooist Catherine Alexander against WWE and Take-Two Interactive. They determined that her designs had been used in WWE 2K video games, meaning the case would go to court, and a jury would decide if copyright infringement had occurred.
Alexander designed and tattoed Randy Orton’s tribal tattoo on his upper back and full sleeves between 2003 and 2008, which are clearly visible in the games, and is seeking compensation. A court date has now been set for September 20th, 2021, before the U.S. District Court Southern District of Illinois.
It’s alleged that in 2009 she asked WWE for financial compensation and, after being laughed at, was offered just $450 for the rights. A big part of the case will come down to whether the jury feels Alexander gave Orton an implied license, including sub-licensing rights. Randy Orton is not a defendant in the case but has stated in a declaration that he believed the tattoos were his own personal expression and was not made aware he’d need additional permission. WWE and Take-Two are also using fair use as a defense.
Take-Two Interactive won a similar case based on the tattoo designs used on NBA players LeBron James, Kenyon Martin, and Eric Bledsoe in 2020. In that case, the judge felt the tattoos weren’t similar enough to the player’s actual tattoos as they were smaller than how they appear in real life, and the player’s movements during games make them difficult to recognize. Plus, there was a reasonable inference of an implied license and fair use.
