Whitmill v. Warner Bros. Entertainment Inc.

Filing 2

MOTION for Preliminary Injunction by Plaintiff S. Victor Whitmill. (Attachments: # 1 Proposed Order)(Gerber, Geoffrey)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
S. VICTOR WHITMILL,
Plaintiff,
v.
WARNER BROS. ENTERTAINMENT INC.,
Defendant.

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Civil Action No. 4:11-cv-752

PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
Pursuant to Rule 65(a) of the Federal Rules of Civil Procedure and Section 502(a) of the
Copyright Act of 1976, as amended, 17 U.S.C. § 502(a), Plaintiff S. Victor Whitmill, by his attorneys,
and for the reasons set forth in his accompanying Memorandum in Support of Plaintiffs’ Motion for
Preliminary Injunction filed contemporaneously herewith, respectfully moves this Court for a
preliminary injunction in his favor and against Defendant Warner Bros. Entertainment, Inc.
enjoining 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 infringing Plaintiff’s copyright in his
Original Tattoo (as more fully described in the Verified Complaint and in the accompanying
Memorandum of Law), either in defendant’s soon-to-be-released motion picture THE HANGOVER
2 or otherwise in the form set forth in the proposed Order filed herewith and incorporated herein
by reference.
Plaintiff further requests an order setting a hearing, at the earliest possible date, on this
request by Plaintiff for a Preliminary Injunction pending a trial on the merits against Defendant, all
as prayed for in the Verified Complaint..

WHEREFORE, Plaintiff prays that this Court enter the preliminary injunction as requested,
and for such other and further relief as the Court deems just and proper.
Respectfully submitted,
/s/ Geoffrey G. Gerber
Michael A. Kahn (#35411MO)
[e-mail]
Pete Salsich III (#44886MO)
[e-mail]
Geoff G. Gerber (#47097MO)
[e-mail]
The BrickHouse Law Group
PROFESSIONAL CORPORATION

1006 Olive Street, Ste. 303
St. Louis, Missouri 63101-2048
Tel: [phone]
Attorneys for Plaintiff