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Setback for Tyson tattoo artist: judge refuses to stop release of Hangover 2

May 24, 2011, 11:50 AM EDT

tysonhelms

A judge has refused to block the release of The Hangover: Part 2, telling the tattoo artist who sued Warner Bros. that he’d have to fight it out with the studio while the movie is in theaters. The artist, S. Victor Whitmill, claims that Ed Helms’ replica tattoo in that movie (pictured) is copyright infringement, since he created it for Mike Tyson and no one else. The judge didn’t rule on that specifically, but he did say that the show will go on. From TMZ:

Warner Bros. released a statement saying, “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.”

The rep continued, “[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.”

The tattoo artists’s attorney tells TMZ they’re “disappointed” the motion was denied, but are “pleased by Judge Perry’s finding that Mr. Whitmill proved a ‘strong likelihood of success’ on the merits.”

That’s the good news for Warner Bros. The bad? Witness the Associated Press review of Hangover 2:

Giving the people what they want is one thing. Making nearly the exact same movie a second time, but shifting the setting to Thailand, is just … what, lazy? Arrogant? Maybe a combination of the two.

Rotten Tomatoes rates it at 44 percent. Meaning that this lawsuit is a godsend: it may be the only positive buzz this movie gets.

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‘Hangover 2′ — HUGE Victory In Tattoo Lawsuit [TMZ]