Barry Tubb Files Lawsuit Against Paramount Pictures Over Image Use in “Top Gun: Maverick”

Top Gun actor Barry Tubb, who played the role of flyboy Leonard “Wolfman” Wolfe in the 1986 movie Top Gun, is suing Paramount Pictures for using his image in the sequel, Top Gun: Maverick.

In a lawsuit filed in a California court on February 21, 2024, it is alleged that Paramount Pictures used his image in Top Gun: Maverick without his permission. The lawsuit alleges that Barry Tubb had given his permission to use his likeness, but it did not include the use of his image in the sequel.

The scene that has led to this controversy involves Hangman (Glen Powell) and Coyote (Greg Tarzan Davis) learning that Rooster Bradshaw (Miles Teller) is actually the son of the late Goose (Anthony Edwards). This realization dawns upon them when they come upon an old photo of Iceman (Val Kilmer), Goose, Maverick (Tom Cruise), and Wolfman.

The complaint states that the image is a four-shot close-up that establishes the plaintiff, and Tubb’s similarity in the scene is essential in a way that is not incidental. Tubb alleges that the photo is an altered version of the behind-the-scenes shot of the original actors, and therefore the alteration is an infringement of copyright.

Barry Tubb, in his complaint, alleged that Paramount Pictures never sought consent to use the pictures for any purpose in Top Gun: Maverick. The contract signed between the plaintiff and Paramount did not involve any use of the images outside the original Top Gun or in promotions related to Top Gun: Maverick. There was no agreement on its use beyond the original in any sequel until 2022, almost four decades after the original Top Gun.

The lawsuit reads,

“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 the 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.”

Barry Tubb is seeking undetermined compensatory and punitive damages and is demanding a trial by jury.

Top Gun: Maverick was a runaway hit at the box office, grossing $1.4 billion worldwide.