1. Whitmill’s very-recent filing and other behavior is certainly evidence that he previously didn’t have a problem with the tattoo’s use by others. The Hangover was released in 2009 and Whitmill didn’t complain. He didn’t complain when Tyson applied for trademark protection of the tattoo in January of 2011. He didn’t complain after Tyson appeared in two other movies — Mike vs. Tyson: The Battle Rages On (2004), or Tyson(2009), a documentary about the boxer’s life. Both movies’ advertising material display Tyson’s tatted face.he advertising material is a picture of Tyson with the tat. Whitmill didn't complain when a Mike Tyson doll was created with the tattoo on its face. He didn't complain when a mobile "app" was released that includes Tyson's tattoo.
2. The unusual part against Whitmill is he didn’t complain when teen heartthrob Justin Bieber sported the artistic creation! Remember, there are two parts to this case: whether the judge prevents WB from releasing the movie, and then whether there was an underlying copyright violation.