PASADENA, Calif., January 2, 2024 – Tom Cruise and Paramount Pictures have secured a major legal victory, clearing the way for potential future Top Gun installments thanks to a ruling from a federal appeals court. The decision effectively shuts down, for now, a copyright infringement lawsuit brought by the estate of the journalist whose work inspired the original 1986 film.
Copyright Claims Grounded: ‘Top Gun: Maverick’ Cleared for Takeoff
The Ninth Circuit Court of Appeals affirmed that “Top Gun: Maverick” did not substantially copy the original 1983 article, “Top Guns.”
- The Ninth Circuit Court of Appeals upheld a lower court’s decision in favor of Paramount.
- The lawsuit, filed by the estate of journalist Ehud Yonay, claimed copyright infringement over the 2022 blockbuster.
- the court resolute that “Maverick” did not share considerable similarities with Yonay’s original article.
- Paramount is now free to proceed with plans for a potential Top Gun 3.
“The question under the extrinsic test is whether the expression in Maverick is substantially similar to the original expression in ‘Top Guns,’ and it is not,” wrote Judge eric D. Miller of the US Court of Appeals for the Ninth Circuit. This ruling reinforces the lower court’s finding that Paramount did not infringe on the copyright of ehud Yonay’s 1983 article.
Tom Cruise in Top Gun: Maverick (Photo: Paramount Pictures / Courtesy Everett Collection)
The appeals court panel consisted of judges Eric D. Miller (a Trump appointee), Andrew D. Hurwitz, and jennifer Sung. Attorneys Marc Taboroff and Daniel Petrocelli argued on behalf of the Yonay estate and Paramount,respectively,during hearings held in Pasadena last June.
The court also upheld the lower court’s ruling that Paramount did not breach its 1983 agreement with Ehud Yonay by failing to credit him in the 2022 film.
While Shosh Yonay and Yuval Yonay still have the option to request a stay of the mandate and petition for rehearing, it would be a challenging legal battle. Attorney Toberoff did not respond to requests for comment regarding the appellate opinion or potential next steps.
Paramount offered a concise statement, echoing their previous position: “We are pleased that the Ninth Circuit recognized that plaintiffs’ claims were completely without merit,” a spokesperson said.
With the legal hurdles cleared, Paramount is reportedly moving forward with advancement of a third top Gun film. Plans for Top Gun 3 are reportedly underway.
