I legitimately don't understand the tattoo artist stuff. As far as I'm concerned - Orton or whoever is commissioning the work...he pays for it...it's now his.
I'm honestly kinda surprised Vince doesn't have a contract drawn up already for this situation though. If you're getting ink done you basically have to get the artist to sign it. You'll pay their rate, you'll promote the work on social if it fits the character and you'll mention the artist on that Corey Graves show (does he still have that? I dunno) but the artist has no right or future claims.
It depends how it is used.
If it's only part of Orton's character in the game, then it shouldn't be a problem at all. They are using Orton's likeness (which he has given them permission to use via standard WWE contract), and his likeness is his alone. The tattoo is just part of that, a third party (the tattoo artist) shouldn't be able to claim ownership over it.
However, if the tattoo is offered as an option in a create-a-wrestle feature, then I think the artist would have a good reason to complain. It's no longer part of Orton, so likeness isn't part of it, and it's clearly their art being re-used.
But like everyone, I've no idea on what the laws actually are.