According to a report by PWInsider, a jury ruled in favor of a tattoo artist over WWE, Take-Two Interactive Software, 2K Games, Inc., 2K Sports, Inc., Visual Concepts Entertainment, Yuke’s Co., Ltd. and Yuke’s LA Inc. The jury, based out of the United States District Court Southern District of Illinois found the defendants had infringed on her copyrights when her tattoos were used for Randy Orton’s model in the video game.
F4WOnline reports the jury found that the defendants failed to prove the tattoos were considered fair use and that the plaintiff, Catherine Alexander was right for going for damages. Two other rulings determined Alexander should be entitled to $3,750 for the usage of her designs in the WWE video game.
The reports also note Judge Staci M. Yandle ruled this past Monday, September 26 that WWE and Take-Two had copied five of Alexander’s tattoos she held valid trademarks on. Alexander was denied a summary judgment and instead the jury decided the amount of damages.
Alexander originally filed the lawsuit back in 2018, saying that she had performed the tattoo work on Orton between 2003 and 2008. She had previously contacted WWE about material featuring her work. Alexander said that at the time, WWE had offered her a $450 fee for the rights. According to the suit, she rejected WWE’s offer and had “told WWE that Plaintiff did not grant any permission to WWE to copy, duplicate or otherwise use or reproduce any of Plaintiff’s designs.”