The tattooist who decorated boxer Mike Tyson’s face is suing Warner Bros. on allegations the studio is misappropriating that tattoo for its upcoming movie, The Hangover Part II.

Victor Whitmill, who tattooed the left side of the face of the former heavyweight champion in 2003, and has copyrighted the work, (.pdf)  is demanding a federal judge block the tattoo from being shown in marketing and in the comedy film itself. The federal lawsuit, filed in Missouri on Friday, claims the movie features a “virtually exact reproduction” of the original, which appears on the Stu Price character played by actor Ed Helms.

It wouldn’t be the first time Warner Bros. was accused of infringement in a movie. In a 1985 chase scene in Tim Burton’s Pee Wee’s Big Adventure, the studio featured a Godzilla character without permission. The Hollywood studio paid an undisclosed amount to rights-holder Toho after it was sued.

The latest suit says the studio’s conduct “constitutes, at the very least, reckless copyright infringement in disregard of the rights of Mr. Whitmill.” (.pdf)

Clearly, the tattoo is a parody, as the actor wakes up from a drunken night with it on his face. The Godzilla scene was also a parody. But that doesn’t necessarily mean Warner has a clear fair-use claim.

We agree with TechDirt that Whitmill and the studio will likely come to a quick settlement.

What’s more, it’s not the first time a tattoo artist has wanted to cash in on infringement allegations. In a 2005 federal case settled out of court, an artist who tattooed NBA star Rasheed Wallace’s right arm sued to stop the forward from “displaying” the tattoo in Nike advertisements.

Paul McGuire, a Warner spokesman, declined comment.

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