EAST ST. LOUIS – Skin artist Catherine Alexander of Madison County prepares for trial on her claim that wrestler Randy Orton doesn’t own tattoos she inked on him.
U.S. District Judge Staci Yandle has set her copyright trial against World Wrestling Entertainment, 2K Games, 2K Sports, and Take-Two Software Oct. 19.
On Sept. 4, Alexander’s lawyer Anthony Simon of St. Louis moved to exclude testimony or evidence of her personal relationship with Orton.
He wrote that such testimony or evidence “constitutes nothing more than an attempt at character assassination, and an attempt to muddy the waters with the jury, overshadowing relevant facts which will be produced at trial.”
Any bridge between Alexander and Orton has burned, and he signed a declaration for the defense last year.
“I felt that as the tattoos had become part of my body, I was free to go about my life without needing to ever go back to my tattooist for permission before I could be shown with my tattoos,” Orton wrote.
His affidavit says that he had tattoos besides the ones Alexander inked and no other tattooist claimed someone must pay them before showing him as he looked.
Artist Daniel Daley inked a tribal taboo on his upper back at Goldenland Tattoos in St. Louis. He went back and Alexander extended it up his back and shoulders, according to the affidavit.
Alexander inked tribal tattoos and four more tattoos on his arms.
One read, “Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour.”
“The Bible verse is from 1 Peter 5:8,” Orton wrote. “I chose it because it was meaningful to me due to my past battles with substance abuse.
“Without my tattoos shown, I wouldn’t look like myself and it wouldn’t really be me.”
His affidavit says that common knowledge someone has a right to remove, cover, or change a tattoo without permission.
It also says that Take-Two Software is allowed to depict him and he has worked with them to make games realistic by posing for photographs.
Alexander applied for copyrights on all six tattoos in 2018.
The copyright office registered all but the Bible verse.
Attorney Simon then filed suit for Alexander, stating she created tattoos on Orton from 2003 to 2008.
Simon claimed she contacted World Wrestling Entertainment in 2009, and it offered $450 for rights to use and reproduce the designs.
“Plaintiff declined WWE’s offer,” he wrote.
He wrote that defendants released games featuring Orton every year since 2015.
A trial about a wrestler’s tattoos, with Entertainment as a defendant’s last name, promises entertainment.
Simon sought to tame the trial for Alexander on Sept. 4, in a motion to exclude testimony, evidence, and argument.
He moved to exclude any marriage, romantic relations, parent child relations, and other personal relations involving Alexander, and any nonprofessional relationship between her and Orton.
“No relationship of plaintiff’s has any tendency to make more or less likely that her copyrights were infringed or that any of defendants’ defenses are more or less valid,” he wrote.
He moved to exclude evidence that Orton benefited Alexander’s career.
“A jury exposed to evidence or a suggestion that Mr. Orton benefited plaintiff’s career is likely to falsely perceive plaintiff as a turncoat, ungrateful, or worse, for filing suit to protect her intellectual property,” he wrote.
He wrote that the jury might improperly be led to believe that Alexander doesn’t deserve damages.
He moved to exclude Orton’s declaration as hearsay.
“With respect to Mr. Orton’s statements, it does not matter what Mr. Orton thought he could do with an implied license,” he wrote.
“He is barred from extending the license to others when such extension falls outside the scope of the implied license.”
Simon moved to exclude Alexander’s earnings, expenses, savings, and investments, claiming no expert relied on them in reaching their opinions.
He moved to exclude evidence of her other clients.
“Any agreements, licenses with third parties, or lack thereof are unique to plaintiff’s individual circumstances and relationship with the party,” he wrote.
He moved to exclude Alexander’s decision not to sue or seek licensing fees from individuals other than defendants.
He wrote that even if relevant, it would cause unfair prejudice.
“There is no evidence of record that plaintiff has ever experienced copyright infringement on this scale before and failed to enforce her rights,” he wrote.
He moved to exclude testimony about other tattoos in video games.
He predicted a Pandora’s box argument that a verdict for Alexander might subject defendants and others to waves of similar litigation.
He moved to exclude reference to two similar suits in other courts.
He predicted defendants would suggest that courts have ruled on the merits of similar claims or that Alexander’s claim is one of many and less legitimate.
He moved to exclude Alexander’s social media posts and those of clients, friends, family, coworkers and former coworkers.
Yandle planned a June trial but at the start of the virus lockdown in March she delayed it to Sept. 28.
She granted a motion to continue it in July, and moved the date back three weeks.