![]() Under this interpretation, Orton granted WWE the right to license his likeness-tattoos and all. In other words, the tattoos as inked by a needle into the dermis layer of Orton’s skin-which in turn altered his pigment-arguably became part of Orton’s body. ![]() ![]() Alexander, the publisher insists, impliedly licensed Orton to display her tattoos as part of his own likeness. Take-Two contends that Alexander misunderstands the law. The representative admonished Alexander that WWE “could do what they wanted with Orton’s images because he was their wrestler.” WWE offered Alexander $450 to use her tattoos. ![]() “A WWE representative laughed at her,” Judge Yandle wrote. In 2009, she contacted WWE to discuss a faux sleeve depicting her tattoo designs. She never licensed a tattoo to be replicated. WWE had previously paid Orton for the right to license his name, image and likeness.Īlexander maintains it was unlawful to exclude her from this sequence of payments. Take-Two paid a license fee to WWE for what it believed was the right to invent Orton’s avatar. 26 order, “WWE would have rejected Orton’s videogame persona if it appeared without his tattoos or appeared with tattoos that were different than Orton’s actual tattoos.” ![]() District Judge Staci Yandle wrote in her Sept. ![]()
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