Solid Oak Sketches claimed that their copyright was violated, as the NBA players were shown with their tattoo designs. Among the Los Angeles Lakers star LeBron James tattoos included in the lawsuit were those named “Child Portrait”, “330 and Flames” and “Script with a Scroll, Clouds and Doves”. Judge Laura Swain allowed the tattoos of James’ to be replicated in NBA 2K, via Clutchpoints:
“The tattoos only appear on the players upon whom they are inked, which is just three out of over 400 available players. The undisputed factual record shows that average game play is unlikely to include the players with the Tattoos and that, even when such players are included, the display of the tattoos is small and indistinct, appearing as rapidly moving visual features of rapidly moving figures in groups of player figures. Furthermore, the tattoos are not featured on any of the game’s marketing materials.”
Judge Swain
