Solid Oak also wants Swain to ignore evidence submitted by Take-Two's experts. It argues a survey about why consumers buy the NBA 2K games is irrelevant; a report that claims there isn't a market for licensing tattoos in video games was written by an anthropologist, not an economist or market researcher; another report that argues the tattoos are rarely noticed in the game is merely speculation; and another expert's report about profits merely states a legal conclusion.
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The American Academy of Dermatology distinguishes five types of tattoos: traumatic tattoos, also called "natural tattoos", that result from injuries, especially asphalt from road injuries or pencil lead; amateur tattoos; professional tattoos, both via traditional methods and modern tattoo machines; cosmetic tattoos, also known as "permanent makeup"; and medical tattoos.