Randy Orton Tattoo Lawsuit Nearing A Conclusion

The lawsuit over the use of Randy Orton's tattoos in WWE's video games is nearing its end, according to a new report. PWInsider, who first began reporting on the lawsuit after it was filed in 2018, said on Friday that the defense has rested and the matter is now in the hands of the jury.

Tattoo artist Catherine Anderson's lawsuit against WWE, 2K Games, Take-Two Interactive Software, and Yukes, alleges artworks tattooed on Randy Orton between 2003 and 2008 were used in WWE video games without the artist's permission and without compensation. According to PWInsider, Anderson alleged to have contacted the WWE about the matter in 2009 and was offered $450, which the artist turned down. Anderson then informed the WWE it did not have her permission to recreate the tattoos in its licensed video games.

U.S. District Judge Staci M. Yandle clarified ahead of this week's trial that Anderson has a legitimate copyright on the five tattoos on Orton that are in question, according to documents reviewed by WrestlingInc. The judge wrote that given the fact the defendants "copied Alexander's copyrighted tattoos," then "they are liable for copyright infringement unless they can establish an affirmative defense to their usage." 

The defendants in the case are arguing that Orton either was given "implied license" on the artwork by receiving the tattoos, that their usage falls under "fair use" doctrines, or that Orton's tattoos are "de minimis," or too trivial of an issue to be debated in court. However, Yandle ruled that "the de minimis defense is not viable" and could not be used in trial.

Orton sat for over three hours of testimony this week. PWI reported that the jury is expected to receive directions on Friday about what exact legal issue it will be ruling on.