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WWE will have to wait longer to fight claims over using Randy Orton’s tattoo design in a video game

WWE, Take-Two Interactive Software, Inc., 2K Games, Inc., 2K Sports, Inc., Visual Concepts Entertainment, Yuke’s Co., Ltd., and Yuke’s LA Inc were set to go to trial to fight a lawsuit brought by tattoo artist Catherine Alexander.

Originally, the lawsuit was set to go to trial on January 31, 2022, but has been postponed again.

The U.S. District Court Southern District of Illinois (East St. Louis) Judge Staci M. Yandle postponed it because of the current surge of the omicron coronavirus pandemic in this district. She stated that a jury cannot be safely impaneled and trial cannot proceed as currently scheduled.

Alexander stated in the lawsuit that she performed the tattoo work on Randy Orton between 2003 and 2008. She believes they  “are easily recognized by his fans and members of the public.” WWE originally used her work for faux sleeves and was later portrayed in a video game and she believes she should receive money from those consumer products.

When the lawsuit does go to trial, the court will decide 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 money for her work being used.

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