The Hollywood Reporter said Saturday Tyson's tattoo had been copyrighted by Whitmill, who claimed decorating Helms with similar art constituted copyright infringement.
Whitmill asked a federal judge to issue an injunction blocking the Memorial Day release of the film.
The Reporter noted Tyson appeared in the first "Hangover" film, which could make it tougher for the studio to call the similarities a coincidence.
Police: Sword-wielding man demanded free tacos
India Supreme Court upholds old law that gay sex is criminal offense