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Mike Tyson's tattoo artist doesn’t seem to be giving up; S. Victor Whitmill is continuing his case against Warner Bros. to slap an injunction on The Hangover Part 2 over copyright issues.

Whitmill – who filed the lawsuit on 28 April for copyright infringement over the use of his tattoo pattern – is attempting to delay the film’s release, which is due to appear in cinemas this Thursday, 26 May.

However, Warner Bros. have hit back guns blazing; President of worldwide marketing Sue Kroll and president of domestic distribution Dan Fellman took the stand in a four hour federal court hearing in St. Louis, to smooth over the pending damages.

In the court filings the studio states: "The very copyrightability of tattoos is a novel issue.

"There is no legal precedent for plaintiff's radical claim that he is entitled, under the Copyright Act, to control the use of a tattoo that he created on the face of another human being."

According to sources, Warner are protesting a delay on the film’s release because it could cause them gross financial damage.

The fact that Whitmill never objected to the same tattoo appearing in the first film, is another argument being made in the case.