THQ Sued Over Tattoo

In “What the fu…?” news of the day:

Can someone throw THQ a bone here? Just a bit of good luck, because, damn…

After defaulting on a $50 million (!) line of credit from Wells Fargo, the game publisher is being slapped by a lawsuit filed by an Arizona tattoo artist and shop owner. 

Artist Chris Escobedo alleges that he did not give consent for his artwork — a lion statue he tattooed on MMA fighter Carlos Condit (pictured above) — to be reproduced or included in THQ’s release, UFC Undisputed 3. Escobedo, who owns Elite Tattoo in Phoenix, also claims that Condit’s mere inclusion on the THQ website constitutes copyright infringement, and by Jove, he wants his money. 

Oh, okay, guy.

I don’t like this. I get that this is Escobedo’s livelihood, but try to restrict a public figure from doing his job just because you tatted him? Eh. 

This is obviously a ploy to get paid. I snooped around Escobedo’s Facebook page, and he seemed proud of the work he did for Condit, posting a picture of the game portrayal of his work, and even offering to tattoo Condit’s face on a patron free of charge. Not an ill word to be found about any of it, except from disgruntled fans outraged by the litigation.

Who flipped the script?

Y’know, the artist who designed Mike Tyson’s face tattoo filed suit after a reproduction of his work was prominently featured in the The Hangover 2. The parties settled out of court, but the judge noted that he was leaning in favor of the artist. I can dig that. The scene of Ed Helms discovering the art on his face was a major point of advertisement for the flim, and probably made the studio some cash.  THQ, on the other hand, wouldn’t have lost any sales if his tattoo hadn’t been featured. The tattoo is a non-issue.

And ironically enough, pictures posted on Escobedo’s Facebook feature a tattoo of Luigi riding Yoshi. Another includes a Jack Daniel’s bottle as part of a tattoo. He also uploaded two pieces of Iron Man artwork. What is most interesting about these is that he produced this art, but probably didn’t have consent from the copyright holders, and posted them to showcase his skills, increase his business and ultimately make money. Pot calling the kettle black?

I don’t know all of the details, but the artist was paid to contribute to the likeness of a high-profile athelete (by inking him), and Condit should be able to use his body — to showcase his skin and likeness — how ever he sees fit, not stifled by a butthurt tattoo artist who changed his tune when he saw some dollar signs.

This case is pretty shady, and should be treated like the absurdity it is.

What say you?

Should Escobedo be paid damages or is the lawsuit ridiculous?

UPDATE: As of earlier today (11/18), photos of the Nintendo and Jack Daniels tattoos have been taken down from Chris Escobedo’s Facebook page, as have the Iron Man art. His offer to tattoo Condit’s likeness for free has also been deleted.