This is parody and is considered fair use. If this were an issue than 98% of the shirts on Woot would be violating copyright law because of all the video game, tv, and movie references. Just do a Google search for “nes controller shirt” and you will find countless shirts for sale with the dpad on it.
Also, some of you guys are being a bit rough on this design. The tattoo design is part of the humor! People get tattoos representing serious things like a deceased family member or a religious symbol. It’s a play on how serious people take gaming. Personally, I think Biticol did a killer job!