Tom Cruise and Paramount Pictures have received a green light for the continuation of the Top Gun franchise following a favorable ruling from a trio of federal judges. This decision comes three and a half years after the studio faced a copyright infringement lawsuit from the estate of Ehud Yonay, the journalist whose article inspired the original Top Gun film. The Ninth Circuit Court of Appeals has upheld an earlier ruling, effectively dismissing the claims against the studio and the film.
In the ruling, Judge Eric D. Miller stated, “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.” This statement reaffirms U.S. District Judge Percy Anderson’s April 2024 decision, concluding that the plaintiffs—Yonay’s widow and son—failed to demonstrate a significant similarity between the original article and the 2022 blockbuster, Top Gun: Maverick.
The ruling emphasizes that the extrinsic test, commonly applied in the Ninth Circuit, evaluates the context, comparison, and specific plot elements of the works in question. Miller further noted that the plaintiffs did not establish an original and protectable selection of elements from the article.
The panel of judges, which included Trump appointee Miller along with Andrew D. Hurwitz and Jennifer Sung, considered arguments from both sides in early June. The judges also supported Paramount in dismissing claims that the studio had violated a 1983 agreement with Ehud Yonay by not giving credit in Maverick.
The Yonay family’s lawsuit contended that the rights to “Top Guns” had reverted to them in January 2020 and claimed that Paramount and its collaborators had no standing to produce a sequel to the original 1986 film, which grossed over $1.5 billion worldwide.
Despite this favorable ruling for Paramount, the Yonays may still seek further appeals. Their attorney, Marc Toberoff, expressed concern about the implications of the decision, arguing that it jeopardizes protections for journalists and creators, especially in the evolving landscape of media influenced by artificial intelligence.
Paramount expressed its satisfaction with the ruling, stating, “We are pleased that the Ninth Circuit recognized that plaintiffs’ claims were completely without merit.” As a result, a third installment of the Top Gun franchise, Top Gun 3, is now being developed, signaling a bright future for the series and its fans.