It looks like the tattoo on Ed Helms’s face in The Hangover Part II is there to stay after all. Warner Bros. has inked a deal to settle the copyright infringement suit brought by S. Victor Whitmill, the tattoo artist who claimed that the body art encircling the left eye of the character played by Helms in the movie duplicates the one that Whitmill designed for the same spot on boxer Mike Tyson’s face.
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Paul built a significant fan following as a YouTube influencer and turned professional in boxing four years ago. He has won nine of 10 fights with six knockouts against mostly undistinguished opponents. His only loss came last year to Tommy Fury, half-brother of WBC heavyweight champ Tyson Fury.
Tyson got his face tattoo from artist S. Victor Whitmill of Las Vegas, Nevada, shortly before Tyson’s 2003 fight with Clifford Etienne (which would be his 50th and last victory), having previously suggested that he would get a face tattoo if he won Lennox Lewis vs. Mike Tyson. Tyson had originally wanted hearts (which he “just thought … were cool” ), but, according to Tyson, Whitmill refused and worked for a few days on a new design. Whitmill proposed a tribal design inspired by tā moko, a Māori tattoo style. The design is not based on any specific moko and was created directly on Tyson’s face. Tyson saw the tattoo as representing the Māori, whom he described as a “warrior tribe”, and approved of the design, which consists of monochrome spiral shapes above and below his left eye. According to Tyson, it was his idea to use two curved figures rather than one.
The intricate designs associated with Maori and Polynesian tribal art are often rich with symbolism and convey important cultural messages. The symbols, shapes, and patterns used in these tattoos represent different aspects of an individual’s life, such as their family heritage, achievements, and personal beliefs.
Tyson also released his own statement on the matter, saying, “I want to thank my fans around the world for their support and understanding during this time. Unfortunately, due to my ulcer flare-up, I have been advised by my doctor to lighten my training for a few weeks to rest and recover. My body is in better overall shape than it has been since the 1990s and I will be back to my full training schedule soon. Jake Paul, this may have bought you some time, but in the end you will still be knocked out and out of boxing for good. I appreciate everyone’s patience and can’t wait to deliver an unforgettable performance later this year.”
It’s an interesting lawsuit. Copyrighted works are copyrighted works, no matter whether they are painted on canvases or walls or the bodies of former heavyweight champions. Whitmill attaches to the lawsuit his copyright registration for the “Original Tattoo,” as well as Tyson’s signed release granting rights in the work. (He also includes some photos of himself with the boxer while applying the tattoo in 2003 in Las Vegas.)
Despite this loss, Tyson continued to storm through the heavyweight division. One year after D’Amato’s death, Tyson became the youngest heavyweight champion ever when he gained the World Boxing Council (WBC) championship belt after a two-round knockout of Trevor Berbick. Co-Manager Jimmy Jacobs told Pat Putnam of Sports Illustrated that everything was going to plan: “Cus predicted that Mike would fight for the title before the end of 1986…Cus said the only way to prepare Mike for this was to give him a speed education by a multiple of four. So there has been no R and R for Mike. There couldn’t be. And he has held up beautifully.” The next year he united the heavyweight championship, defeating James “Bonecrusher” Smith for the World Boxing Association (WBA) belt in March and Tony Tucker for the International Boxing Federation (IBF) belt in August. Tyson was on top of the boxing world as the most ferocious boxer in the sport’s most glamorous division. But he soon learned that success often comes at a price.
The lawyer for Mr. Whitmill, Michael A. Kahn, focused on what was to come: “While we are disappointed that the motion was denied, we are quite pleased by Judge Perry’s findings. … Judge Perry recognized copyright law protects tattoos and that Warner Bros. had no permission to use Mr. Whitmill’s artwork in the movie. 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.”
