Tattoos & Hangovers: The Headache of Competing IP Rights

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A month ago the hot news was the federal copyright infringement lawsuit filed by Mike Tyson's facial tattoo artist S. Victor Whitmill against Warner Brothers Entertainment, and Whitmill's attempt to block the Memorial Day release of the highly anticipated blockbuster sequel movie The Hangover Part II, based on the film maker's unauthorized reproduction and/or derivative of the tattoo design permanently inked on Tyson's face, but still owned by the artist and creator of the design.

More recently, within the last week, the hot related news was the federal court's decision to deny Whitmill's motion for a preliminary injunction (brought to prevent the release of the film), but in reluctantly permitting the film's timely release Chief Judge Catherine D. Perry seemed to foreshadow the likelihood of Warner Brothers paying dearly for not inking and negotiating a copyright license in advance.

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