So all you need to do is license a tattoo design, offer an athlete a free tattoo and then sue the gaming industry. I wouldn't be surprised if the players already had the tattoos before the company licensed the design and didn't perform any of the work they're claiming ownership of. It would be stupid for game companies to be forced to license features that are a physical part of a person, like a hairstyle, birthmark, or scar.
A tattoo that represents a business' art and IP is not a birthmark, a hairstyle, or a scar.