In 2018 Randy Orton’s tattoo artist Catherine Alexander filed a lawsuit against WWE & Take-Two Interactive, plus a number of their partners, over the use of Randy Orton’s tattoo in WWE’s 2K video games. And while previously Take-Two Interactive Software won a similar case based on the tattoo designs used on NBA players, it’s understood that their planned defense of “de minimis,” which means the issue is too small to be considered a matter of law, won’t be accepted. This is known because Judge Staci Yandle, who is overseeing the trial, has issued a Memorandum and Order officially striking it down.
Previously, Yandle reviewed the case and determined that Take-Two Interactive Software, the WWE 2K video game publisher, had used Alexander’s designs. Therefore it will now be up to a jury to determine if copyright infringement occurred. And a big part of the issue will come down to whether Alexander gave Orton an implied license that included sub-licensing rights.
Orton has stated in a declaration that he believed the tattoos were his personal expression and said he wasn’t made aware he’d need an additional license when getting inked by Alexander. And the WWE star will now have to repeat these claims, as in somewhat surprising news, he will actually be appearing in court as a witness when the trial commences next week.
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