Dennis Rodman's Tattoos are Trademarks?

On the topic of distinguishing physical characteristics, former NBA player Dennis Rodman filed suit against a T-Shirt manufacturer who, he claims, infringed his tattoos. In Dennis Rodman v. Fanatix Apparel, Inc. , Mr. Rodman asserted that his tattoos are "extremely recognizable and identifiable" as being his own, and are so associated by the public with Mr. Rodman that they have attained "secondary and distinctive trademark meaning to the general public, particularly to sports fans." When the defendants produced a T- Shirt with replicas of his tattoos positioned in the same places as found on his own body, Mr. Rodman alleged, they infringed his trademark rights. Mr. Rodman pleaded that, the "infringing merchandise of the defendants being of inferior quality, the sale thereof will be damaging to the reputation which plaintiff has developed. . . ."