Intellectual Property

Kirkland Prevails in Tattoo Copyright Case for Take-Two

Intellectual Property

Kirkland Prevails in Tattoo Copyright Case for Take-Two

Following six years of litigation, Kirkland won a jury verdict on behalf of Take-Two Interactive Software and its subsidiary 2K Games in a closely watched copyright lawsuit brought by a tattoo artist who had inked tattoos on LeBron James and several other NBA players.

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Dale Cendali, P.C.

Dale Cendali, P.C. Intellectual Property

Joshua L. Simmons, P.C.

Joshua L. Simmons, P.C. Intellectual Property

Christopher Ilardi

Christopher Ilardi Intellectual Property

Yungmoon Chang

Yungmoon Chang Intellectual Property

Miranda Means

Miranda Means Intellectual Property

Julien Jean-George Crockett

Julien Jean-George Crockett Intellectual Property

Dale Cendali Intellectual Property Partner
The decision is important 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.’
The decision is important 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.’
Dale Cendali Intellectual Property Partner
The lawsuit concerned whether it was copyright infringement for Take-Two to realistically depict the basketball players in its basketball simulation video game, NBA 2K. Kirkland obtained various pretrial victories on behalf of Take-Two, which narrowed the case from six tattoos down to two and dismissed the plaintiff’s claims for unjust enrichment. At trial, the jury determined that the plaintiff had impliedly licensed LeBron James the right to show the tattoos as part of his likeness and to allow others to depict him, and that Mr. James had in turn licensed that right to Take-Two.

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