S. Victor Whitmill tried to block the release of "The Hangover part II", claiming they ripped off his tattoo design.   Whitmill, the tattoo artist who gave Mike Tyson his distinctive facial tattoo, claims the tattoo is of his own design and therefore is his intellectual property.  Whitmill filed suit for copyright infringement with the intention of blocking the release of the film, but obviously that wasn't successful.  However, there might be a victory of sorts in his future.

This week, Warner Bros. filed documents declaring the intention to digitally alter the facial tattoo for the home release of the film if Whitmill continues with his request for an expedited trial.  Lawyers for Warner Bros. said,

“If the parties are unable to resolve their dispute, Warner Bros. does not intend to make any use of the allegedly infringing tattoo after the film ends its run in the theaters because Warner Bros. will digitally alter the film to substitute a different tattoo on Ed Helms’s face. As a result, there is no reason for the highly accelerated trial Plaintiff has asked this Court to hold on Plaintiff’s request for a permanent injunction.”

A mediation hearing is set for next week, with a full trial (if necessary) slated to begin in February.

Question:  With the usual turnaround time for movies to go from the theater to home media, shouldn't "The Hangover part II" already be out on Blu Ray and DVD by then?  The first film was in theaters in June and out on DVD by mid-December.