Update on WWE Lawsuit Over Using Randy Orton’s Tattoo Design in a Video Game

Catherine Alexander, a tattoo artist, filed a lawsuit against WWE, Take-Two Interactive Software, Inc., 2K Games, Inc., 2K Sports, Inc., Visual Concepts Entertainment, Yuke’s Co., Ltd., and Yuke’s LA Inc. She has been waiting for her day in court for a number of years now, and it looks like she will finally get it.

The trial has been repeatedly postponed for a variety of reasons. On the other hand, the case is scheduled to be heard on September 26 in the Southern District of Illinois of the United States District Court. PWinsider.com was able to obtain court documents indicating that the final pre-trial hearing for the lawsuit will take place on Monday.

The court proceeding regarding the lawsuit was scheduled to take place in January of this year, but it was postponed due to an increase in the number of cases of the omicron coronavirus pandemic in this district.

Alexander claimed in the lawsuit that she was the tattoo artist who worked on Randy Orton between the years of 2003 and 2008. She thinks they “are easily recognised by his fans and members of the public.”  Her work was first used by WWE for faux sleeves, and it was later portrayed in a video game; she believes that she is entitled to financial compensation from the sales of consumer products.

Alexander asserted that in 2009 she made contact with WWE, and the company allegedly made an offer to pay her $450 for the rights to the designs. It was offered to her by WWE, but she declined it. Alexander’s legal team made the statement that their client “did not grant any permission to WWE to copy, duplicate or otherwise use or reproduce any of Plaintiff’s designs.”

The court’s decision in this case is significant because it will determine whether the defendants had the right to use the work in the game as a copyright fair use or if Alexander has grounds to receive compensation for her work being used. Should the court rule in Alexander’s favour, it will open the door for other tattoo artists to be paid royalties for the use of their artwork in different video games.