Judge refuses to kill 'Hangover' buzz

A federal judge in St. Louis has ruled that while a tattoo artist's lawsuit against Warner Bros. will likely succeed at trial, she was refusing to grant an injunction to prevent the film "The Hangover: Part II" from being released on schedule Thursday.

Victor Whitmill, who had created former heavyweight boxing champion Mike Tyson's distinctive facial tattoo, had filed suit over the unauthorized use of that same art on the "Hangover" character played by Ed Helms.

But while saying the hardship that the studio and third-party theater owners would suffer would be out of proportion to the artist's damages, U.S. District Court Judge Catherine Perr is nonetheless allowing the case to proceed to trial.

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

Whitmill's attorney, Geoffrey Gerber, also issued a statement, saying, "While we are disappointed that the motion was denied, we are quite pleased by Judge Perry's findings that Mr. Whitmill proved a 'strong likelihood of success' on the merits and that most of Warner Bros. defenses were 'just silly.' " The court, he said, "recognized copyright law protects tattoos."