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Take-Two Interactive has won a case regarding its depiction of LeBron James’ tattoos in NBA 2K. While James himself was not involved in the case, his tattoo artist, Jimmy Hayden, was.
Hayden sued Take-Two by alleging that the use of James’ tattoos in NBA 2K violated his rights as he was not compensated despite being the one who inked them onto the basketball star. However, an Ohio federal jury rejected those allegations. Since Take-Two had an agreement to use James’ likeness in the game, the studio also had an implied license to also depict those tattoos onto his character.
As a result, the jury determined that Hayden’s rights were not violated. Take-Two’s attorney, Dale Cendali of law firm Kirkland & Ellis, praised the decision. She told Reuters that it was an important decision for the entertainment industry and “anyone who has ever gotten a tattoo and might have otherwise worried about their freedom to share their bodies with their tattoos.”
This isn’t the first time Take-Two was sued for this issue. In past cases, Take-Two both won and lost. In 2020, Take-Two settled another lawsuit involving the NBA 2K series from Solid Oak Sketches. In 2022, Take-Two lost a lawsuit related to WWE 2K and its depiction of pro wrestler Randy Orton’s tattoos. The federal jury in Illinois awarded the tattoo artist $3,750 in damages.
