December 2, 2019 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / WWE

Pausing the Game: Take-Two Seeks to Pause WWE Copyright Infringement Lawsuit

Video game publisher Take-Two Interactive has told an Illinois federal court that it wants to pause a tattoo artist’s copyright infringement lawsuit, as a ruling on a pending summary judgment motion could decide the case.

As we reported last year, tattoo artist Catherine Alexander filed a lawsuit against Take-Two and World Wrestling Entertainment, alleging that they infringed on her copyright. Between 2003 and 2008, Alexander created several unique tattoos for WWE superstar Randy Orton. While WWE allegedly offered Alexander $450,000 for the rights to use …

July 17, 2018 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / WWE

WWE and Take-Two Interactive Move to Dismiss Tattoo Artist Copyright Infringement

On July 9, 2018, World Wrestling Entertainment Inc. (WWE) and Take-Two Interactive Software Inc. (Take-Two) moved to dismiss the suit brought by Catherine Alexander, a tattoo artist for professional WWE wrestler Randy Orton. As we have previously reported, Alexander, sued WWE and Take-Two claiming that several video games in the WWE 2K series illegally copied Alexander’s copyrighted tattoos in the Randy Orton game avatar. Between 2003 and 2008, Alexander created several tattoos for Orton, including tattoos on his upper back, forearms, upper arms, and …

April 6, 2018 Intellectual Property, Copyright, and Trademark / Litigation

Tattoo Copyright Infringement? Judge Says Too Soon To Tell

On March 30, 2018, a federal judge denied a motion in defense of a video game producer’s use of tattoo designs in its basketball-themed games. As we have previously covered, Solid Oak Sketches LLC, the owner of eight copyrighted tattoos donned by several high profile NBA players, filed suit against video game producer and distributer, Take-Two Productions, for alleged infringement. Solid Oak purchased the designs directly from the tattoo artists, and offered to allow Take-Two to use them for $819,000, or perpetually for $1.14 …

September 21, 2017 Litigation

Tattoo Copyright Holder Argues Video Game Depiction is Not Fair Use

On September 12, 2017, Solid Oak Sketches LLC opposed game maker Take-Two Interactive’s, motion for judgment in its favor in suit over video game NBA 2K’s depiction of players’ tattoos. Solid Oak purchased the copyrights from tattoo artists for several basketball stars. Solid Oak filed suit last year alleging the infringement of its copyrights for eight different designs that were etched on LeBron James, Kobe Bryant, and others. Along with the suit, Solid Oak offered to let Take-Two use the tattoos in the game for …

June 7, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NBA

Video Game Makers Say Tattoo Arguments Not Sketched in Law

On Friday, May 27, 2016, video game companies 2K Games Inc. and Take-Two Interactive Software Inc., the makers of the popular basketball video game series “NBA2K” and its yearly releases, filed a reply memorandum of law in support of its motion to dismiss an ongoing suit in the Southern District of New York against tattoo licensing company Solid Oak Sketches. The filing comes in response to Solid Oak’s brief in opposition filed earlier in May, in which it claimed that it was entitled to statutory …

Tattoo Licenser Argues IP Claims Against Game Designers Inked in Time

On Friday, May 13, 2016, tattoo licenser Solid Oak Sketches, LLC, responded to video game designers 2K Games Inc. and Take-Two Interactive Software Inc.’s motion to dismiss a suit over the alleged improper inclusion of certain tattoos on basketball players in the popular sports game NBA2K16, the latest iteration of the franchise. The suit was filed back in February against 2K and Take-Two by Solid Oak after the tattoo licenser had filed copyrights on tattoos inked on the bodies of NBA players Lebron James, Kenyon …

April 22, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NBA

NBA2K16 Lawsuit Questions Who Owns Tattoos

A tattoo licensing company, Solid Oak Sketches LLC, is suing NBA2K, the professional basketball video game series, for copyright infringement. Solid Oak argues that the realistic depiction of tattoos on the bodies of multiple NBA players, including LeBron James and Kobe Bryant, in the NBA2K16 video game violated the copyright that Solid Oak owns. On April 19, 2016, the makers of the video game filed for a motion to dismiss the claim.

Solid Oaks obtained the license to most of the tattoos from the original …