‘Top Gun’ actor sues over use of his image in 2022 sequel

LOS ANGELES (CN) — Barry Tubb, the actor who played Lieutenant Junior Grade Henry “Wolfman” Ruth in the original "Top Gun" movie, is suing Paramount Pictures over the unauthorized use of his likeness in the 2022 sequel "Top Gun: Maverick."

Tubb says in a complaint filed Wednesday in Los Angeles federal court that Paramount knowingly featured his image in key scenes of the sequel without seeking his permission and without compensation.

A scene in the 2022 movie shows some of the pilots discussing a photo of the fictional characters from the original movie, including Maverick, Tom Cruise's role, and Wolfman wearing his signature cowboy hat. This photo, Tubb claims, was adapted from a group photo taken behind the scenes of the actors and U.S. Navy pilots during the shooting of the 1986 movie.

"Paramount gained — and will continue to gain — an economic windfall by using the image of plaintiff for Paramount's own commercial purposes without having to compensate plaintiff for such usage," Tubb claims.

According to Tubb, he only agreed to the use of his image as the Wolfman character in connection with the distribution, advertising and exploitation of the 1986 movie and not to the use of the off-camera, behind-the-scenes photo with him it for what he said was a pivotal scene of the sequel.

In addition, Tubb argues, in the behind-the-scenes group photo, he can be seen wearing his own bandana and watch, which unlike the cowboy hat, weren't part of the Wolfman attire in the movie.

"The image of plaintiff is not one featuring him in costume as a fictional character among other fictional characters; rather, it is a personal picture of him, his fellow stars, and the behind-the-scenes U.S. Navy members who consulted on 'Top Gun', and, as such, it is not an expression protected by the First Amendment," Tubb claims.

Representatives of Paramount Pictures didn't immediately respond to a request for comment on the lawsuit.

"Top Gun: Maverick" was released in 2022 after delays caused by the Covid-19 pandemic that had kept movie theaters closed. It grossed about $1.5 billion worldwide, making it the most successful movie in Cruise's career in terms of box-office revenue.

In 2022, the widow and son of the author of the original 1983 "Top Guns" magazine article, which was the basis for the 1986 blockbuster movie, sued Paramount Pictures, alleging the studio's sequel, "Top Gun: Maverick," infringes on their copyright.

Shosh and Yuval Yonay claim that they had terminated the copyright Paramount had acquired in 1983 to their late husband and father's story. They maintain that the 2022 sequel, just as the 1986 movie, is based on Yehud Yonay's original story, first published in California magazine.

Tubb is represented by Joseph Casas of the Casas Law Firm in San Diego.

His claims include false association, statutory and common law misappropriation of publicity, negligent hiring and supervision and breach of contract. He seeks unspecified compensatory and punitive damages.

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