NEW YORK, Aug 2 (Reuters) - The maker of the popular NBA 2K video game series on Tuesday won the dismissal of a potentially large damages claim in a lawsuit over its depiction of tattoos belonging to LeBron James, Kobe Bryant and other National Basketball Association stars.
U.S. District Judge Laura Taylor Swain in Manhattan said Take-Two Interactive Software Inc cannot be held liable to the plaintiff Solid Oak Sketches LLC for statutory damages of as much as $150,000 per copyright infringement, a sum that in theory could reach billions of dollars.
Swain said Solid Oak can still pursue actual damages over New York-based Take-Two's alleged unauthorized incorporation into NBA 2K16 of eight tattoo designs that the plaintiff had licensed from various artists.