By Blake Brittain
April 19 (Reuters) - Take-Two Interactive's 2K Games, the maker of the popular 'NBA 2K' basketball video-game series, convinced an Ohio federal jury on Friday to reject allegations that its use of LeBron James' tattoos in its games violated the rights of the Cleveland-based artist who inked them.
The jury determined that Take-Two had an implied license to depict the tattoos based on its agreement to use James' likeness in the games and found that tattoo artist Jimmy Hayden's copyrights had not been infringed.
Representatives for Hayden did not immediately respond to requests for comment on the verdict. Take-Two attorney Dale Cendali of Kirkland & Ellis said that the decision was 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."
James was not a party to the case.
Hayden, who has also created tattoos for NBA stars including Shaquille O'Neal and Kyrie Irving, first sued Take-Two in 2017. He argued in an amended 2019 complaint that Take-Two's rendering of tattoos that he inked on basketball players in several editions of the NBA 2K series infringed his copyrights.
U.S. District Judge Christopher Boyko dismissed some of Hayden's claims in January, leaving allegations that Take-Two's depiction of two of James' tattoos -- one of his mother Gloria's name next to a lion with a crown and one of five stars on James' shoulder -- violated Hayden's rights.
Take-Two argued that James did not need Hayden's permission to license the tattoos. The jury agreed on Friday and determined that Take-Two's agreement with the NBA and its players' union to use James' likeness also included the right to depict his tattoos.
Take-Two defeated a separate artist copyright lawsuit in New York federal court in 2020 over its depiction of other tattoos belonging to James, the late Kobe Bryant, and other NBA players.
A federal jury in Illinois awarded another tattoo artist $3,750 in damages in 2022 after finding that Take-Two's depiction of pro wrestler Randy Orton's tattoos in its "WWE 2K" series violated her rights.
The case is Hayden v. 2K Games Inc, U.S. District Court for the Northern District of Ohio, No. 1:17-cv-02635.
For Hayden: Andrew Alexander, Todd Tucker, John Cipolla and Daniel McMullen of Calfee Halter & Griswold
For 2K: Dale Cendali, Joshua Simmons, Miranda Means and Christopher Ilardi of Kirkland & Ellis
Read more:
WWE, video-game maker owe artist for depicting wrestler's tattoos, jury says
Videogame maker wins copyright case over NBA players' tattoos
(Reporting by Blake Brittain in Washington)
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