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Why Did Barry Tubb Sue Paramount? Find Out Amid Original Top Gun Star's Lawsuit
Barry Tubb is suing Paramount for allegedly including his likeness in a Top Gun: Maverick scene, which features a photograph of his original character.
Barry Tubb who played Leonard "Wolfman" Wolfe in the original Top Gun, is suing Paramount over using his likeness in 2022’s Top Gun: Maverick. Serving as the belated sequel to the hit 1986 action movie, Top Gun: Maverick saw Tom Cruise return to the role of Captain Pete "Maverick" Mitchell alongside a younger generation of aviators, including the son of his late friend and wingman Nick "Goose" Bradshaw. Set decades after the events of the first movie, the sequel also featured the return of Val Kilmer as Maverick’s former rival, Tom "Iceman" Kazansky.
BArry Tubb is suing Paramount
According to Entertainment Weekly, Barry Tubb has launched legal action against Paramount regarding the decision to include his likeness in a Top Gun: Maverick scene, which includes a photograph depicting his original character alongside Maverick, Goose, and Iceman.
In a complaint filed on 21 February in California court and obtained by EW, Tubb claimed that his permission to use his likeness did not include the use of his image in the sequel. The scene features Hangman (Glen Powell) and Coyote (Greg Tarzan Davis) first learning that Rooster Bradshaw (Miles Teller) is actually the son of the late Goose (Anthony Edwards) when they come upon an old photo of Iceman (Val Kilmer), Goose, Maverick (Tom Cruise), and Wolfman.
According to the complaint, "The image is a four-shot close-up clearly establishing plaintiff," and "[Tubb's] likeness in the scene is essential in a way that is not incidental." Furthermore, Tubb said that the photo was an altered version of a behind-the-scenes shot of the original actors, and therefore the alterations destroyed any purported copyright to the image.
Tubb's complaint stated that, "The studio never sought consent or authority to use plaintiff's image for any purpose in Top Gun: Maverick and the original contract signed by plaintiff and Paramount did not contemplate use of his image beyond the original Top Gun or in promotions related to Top Gun: Maverick; a sequel not contemplated at the time of the original contract and not released until 2022, almost four decades after the original Top Gun."
It complaint continues, "Plaintiff never agreed to Paramount's use of his image, likeness, and/or identity in the movie Top Gun: Maverick. Paramount's conduct is therefore misleading and deceptive by falsely and fraudulently representing that plaintiff is somehow affiliated with Top Gun: Maverick; was contracted to perform in Top Gun: Maverick; or was hired to promote, advertise, market, or endorse Top Gun: Maverick on behalf of Paramount."
Tubb is seeking unspecified compensatory and punitive damages, and is demanding a trial by jury.
More about Top Gun: Maverick
Top Gun: Maverick is a 2022 American action drama film directed by Joseph Kosinski and written by Ehren Kruger, Eric Warren Singer, and Christopher McQuarrie from stories by Peter Craig and Justin Marks. The film is a sequel to the 1986 film Top Gun. Tom Cruise reprises his starring role as the naval aviator Maverick.
It is based on the characters of the original film created by Jim Cash and Jack Epps Jr. It also stars Miles Teller, Jennifer Connelly, Jon Hamm, Glen Powell, Monica Barbaro, Lewis Pullman, Ed Harris and Val Kilmer, who reprises his role as Iceman. The story involves Maverick confronting his past while training a group of younger Top Gun graduates, including the son of his deceased best friend, for a dangerous mission.
In 2010, Paramount Pictures announced the development of a sequel to Top Gun, with Tom Cruise, producer Jerry Bruckheimer, and director Tony Scott returning. The project stalled due to Scott's death in 2012, but production resumed in 2017 with Kosinski as director.
Principal photography took place from May 2018 to April 2019 in California, Washington, and Maryland. The film was initially scheduled for release on July 12, 2019, but was delayed due to complex action sequences and the COVID-19 pandemic. Despite attempts from streaming companies to purchase the film's rights, Cruise insisted on its release exclusively in theaters.
Top Gun: Maverick premiered at CinemaCon on April 28, 2022, and was theatrically released by Paramount Pictures in the United States on May 27, 2022. The film was acclaimed by critics, with many considering it superior to the first film. It won Best Film from the National Board of Review and was also named one of the top-ten films of 2022 by the American Film Institute. Top Gun: Maverick was nominated for six awards at the 95th Academy Awards including Best Picture, winning Best Sound, and received numerous other accolades. The film grossed $1.496 billion worldwide, making it the second-highest-grossing film of 2022 and the highest-grossing of Cruise's career. A sequel is in development.
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