IN THE UNITED STATES DISTRICT COURT
“USPTO” = United States Patent and Trademark Office.
VERIFIED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
Plaintiff S. Victor Whitmill alleges the following against defendant Warner Bros. Entertainment Inc.
1- The parties:
Plaintiff: VICTOR WHITMILL VS Defendant: WARNER BROS. ENTERTAINMENT INC.
2- The case details:
Mr. Whitmill is a visual artist living in rural Missouri, Among his creations is one of the most special tattoos in the nation, an original design he created on the upper left side of former world heavyweight champion boxer Mike Tyson’s face (the Original Tattoo), 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 in its upcoming motion picture, THE HANGOVER 2.
This case is about Warner Bros appropriation of Mr. Whitmill’s art and Warner Bros. unauthorised use of that art, not only is this infringing copy used throughout the movie, but Warner Bros. also uses the Pirated Tattoo extensively in advertisements and promotions without Mr. Tyson. This unauthorised exploitation of the Original Tattoo constitutes copyright infringement.
- 3- Jurisdiction:
- This is an action for copyright infringement arising under the Copyright Act.
4- WHEREFORE, Plaintiff prays that this Court enter judgment in its favor and against defendant as follows:
· A preliminary injunction during the pendency of this action and a permanent injunction thereafter enjoining and restraining defendant, its agents; servants, employees, attorneys, partners, licensees, divisions, affiliates, parent corporation(s), and all others in active concert or participation with any of them from copying, distributing, publicly displaying, or otherwise making any use of the Pirated Tattoo, both in the Movie and otherwise.
· An award of monetary damages sufficient to compensate Plaintiff for the injuries suffered as a result of Defendant’s wrongful conduct.
· An award of Defendant’s profits and unjust enrichment realized from its infringement.
· An award to Plaintiff of his costs and reasonable attorney’s fees expended in this action.
· An award of such other and further relief as the Court deems just and proper.
- However, before reaching trial, Warner Bros. and Whitmill “amicably” settled the copyright infringement lawsuit during a mediation session. Details of the settlement have not been released.