BENTON – According to jurors in U.S. district court, a dispute over ownership of wrestler Randy Orton’s tattoos belonged in small claims court all along.
They awarded $3,750 to skin artist Catherine Alexander of Madison County on Sept. 30, on her copyright violation claim against video game makers.
They heard 13 witnesses in three days and deliberated three and a half hours.
Alexander inked six tattoos on Orton from 2003 to 2008.
One came from the Book of Peter: “Be sober, be vigilant, because your adversary the devil as a roaring lion walketh about seeking whom he may devour.”
The copyright office registered five tattoos but not the Bible quote, which belongs in the public domain.
Alexander retained Anthony Simon of St. Louis, who sued game makers Take-Two, 2K Games, 2K Sports, and Visual Concepts Entertainment in 2018.
He also sued promoter World Wrestling Entertainment, claiming Alexander called them in 2009 and they offered her $450.
Orton sided with defendants and signed an affidavit stating he felt the tattoos had become part of his body.
Without them, he said, “I wouldn’t look like myself and it wouldn’t really be me.”
District Judge Staci Yandle set trial for June 2020 but the lockdown cancelled it.
As restrictions eased this year district judges first caught up on criminal trials.
Now they’ve started catching up on civil trials.
On Sept. 26, the parties selected eight jurors.
Simon’s colleague Anthony Friedman delivered Alexander’s opening argument.
Dale Cendali of New York opened for the game makers and Curtis Krasik of Pittsburgh opened for World Wrestling Entertainment.
Yandle read a stipulation that Alexander and Orton “did not discuss whether he had her permission to allow others to use the tattoos.”
On Sept. 27, Alexander testified for about 90 minutes.
On Sept. 28, defendants moved for judgment as matter of law and Yandle denied it.
Orton testified for about two hours.
At the close of evidence on Sept. 29, Alexander moved for judgment as a matter of law and Yandle denied it.
On Sept. 30, jurors heard closing arguments from Simon, Cendali, and Krasik.
Jurors retired before noon and rendered a verdict at 3 p.m.