Dan O'Connor paid $125 to have the University of Notre Dame's leprechaun mascot tattooed on his upper arm with the words "Fighting Irish" inscribed above the little gnome. The tattoo parlor inscribed the chosen leprechaun and "Fighing Irish."
Mr. O'Connor's girlfriend pointed out the spelling error, and Mr. O'Connor filed suit against the Tattoo Shoppe in Carlstadt, New Jersey, seeking unspecified damages.
Mr. O'Connor noted, "I was irate, and for a minute or two after I cooled down I kind of giggled. But I can't just live with this. You're not talking about a dented car where you can get another one... you're talking about flesh." What damages should Mr. O'Connor receive? Would a refund of $125 be enough? What if the Tattoo Shoppe had a clause in its contract limiting damages to a refund? Would it be valid?