A tattoo artist by the name of Chris Escobedo has filed a lawsuit against THQ over its supposedly unauthorized usage of a tattoo Escobedo designed. Specifically, Escobedo owns the copyright
to a tattoo present on the virtual version of MMA fighter Carlos Condit in UFC Undisputed 2010
and UFC Undisputed 3
Escobedo's argument hinges on the idea that, despite being permanently affixed to a public figure, the tattoo's design still belongs to him, as he created it originally and never signed the rights to the design away to Condit. By digitally recreating that design without permission, THQ may have violated Escobedo's copyright on the work. The lawsuit also claims that THQ's usage of Condit's likeness on its website violates Escobedo's copyright as well.
The lawsuit seeks compensation for "actual damages
" caused by THQ's usage of the artwork, as well as "an order directing THQ to account to Mr. Escobedo for all gains, profits and advantages derived by them by their wrongful conduct, and to disgorge all profits obtained by their wrongful conduct." Gross