The Hangover Part II is set for release May 25th – but not if Mike Tyson’s tattoo artist can help it. You know that tattoo on Mike Tyson’s face? Well it was designed by S. Victor Whitmill who filed an injunctive lawsuit in federal court in Missouri Thursday asking the court to stop Warner Bros. from releasing the film.
Now why in the world do you think he’d do that? The Hollywood Reporter restates court papers: “When Mr. Whitmill created the Original Tattoo, Mr. Tyson agreed that Mr. Whitmill would own the artwork and thus, the copyright in the Original Tattoo. Warner Bros. Entertainment, Inc. – without attempting to contact Mr. Whitmill, obtain his permission, or credit his creation – has copied Mr. Whitmill’s Original Tattoo and placed it on the face of another actor …This unauthorized exploitation of the Original Tattoo constitutes copyright infringement.”
A claim of copyright infringement is pretty serious stuff. In the movie, Ed Helms’ character wakes up after a night of hardcore partying with a tattoo similar to and in the same place as the one on the face of the famous ex-boxer. And since Tyson was in the first The Hangover, THR says the tat is probably a “direct comedic reference to Tyson.” Warner Bros. can always claim they changed the design just enough that it doesn’t exactly constitute infringement or that it’s done in parody. But proving either of that may be a tough hill to climb. My guess is they will dish out some dough to Whitmill just to keep things on track. I’ll keep you posted. But one way or another, I am sure the highly-anticipated The Hangover Part II will be ready for premiere as planned. At least I hope so.