Mike Tyson's Tattoo Artist Presses Ahead with Lawsuit Over Hangover 2

Mike Tyson's tattoo artist may have lost round one in his lawsuit against Warner Bros. -- failing in his attempt to stop the release of The Hangover Part II -- but he may ultimately win the fight. S. Victor Whitmill claims he owns the copyright to Tyson's face tattoo and that Warner Bros. violated the copyright when it didn't ask for permission to recreate the design on the face of Ed Helms' character. And a federal district court judge appears to agree.

On Tuesday, U.S. District Court Judge Catherine D. Perry denied an injunction against the film's release over Memorial Day weekend, citing "public interest." Not only did Warner Bros. stand to lose as much as $100 million, but she acknowledged that theater owners nationwide would have lost "significant" money as well. However, Perry allowed the case to move forward, saying Whitmill had a "strong likelihood" of succeeding, based on the merits of the case. Perry also called some of Warner Bros.' arguments "just silly," and said she was willing to hold an expedited trial on the issue of liability and consider a request for a permanent injunction at a later date, which could affect the film's distribution on DVD and cable.

Whitmill, who tattooed Tyson's face in Las Vegas in 2003 and filed a copyright for the tattoo in April 2011, now works out of Paradox Studios & Gallery in Waynesville, Mo. At the hearing on Monday, a Warner Bros. lawyer said Whitmill had asked the studio for a $30 million settlement.

"We are very gratified by the Court's decision which will allow the highly anticipated film, The Hangover 2, to be released on schedule this week around the world," Warner Bros. said in a statement. "[The tattoo artist's] failed attempt to enjoin H2 in order to try and extract a massive settlement payment from Warner Bros. was highly inappropriate and unwarranted."

Whitmill's attorney, Michael A. Kahn, said he and his client are "disappointed" the motion was denied, but added, "We look forward to further vindicating our client's rights at trial in the near future, including a permanent injunction preventing further distribution of the movie."

A win for Whitmill may mean more copyright power for tattoo artists overall. From the bench, Perry said, "Of course tattoos can be copyrighted. I don't think there is any reasonable dispute about that. They are not copyrighting Mr. Tyson's face, or restricting Mr. Tyson's use of his own face, as the defendant argues, or saying that someone who has a tattoo can't remove the tattoo or change it, but the tattoo itself and the design itself can be copyrighted, and I think it's entirely consistent with the copyright law."