
As per the latest development in the 'Top Gun' copyright lawsuit, Paramount's motion to dismiss the case has been denied by the court and the case will continue to be heard in front of the judge.
On Thursday, U.S. District Judge Percy Anderson found that there are enough similarities between the film and the 1983 magazine article upon which the original 'Top Gun' was based, which allowed the author's heirs to pursue the copyright violationlawsuit.
"Defendant’s primary argument in its Motion to Dismiss is that Plaintiffs have not sufficiently pled in their [complaint] that the Article and the Sequel are ‘substantially similar,'" reads the order. "The Court disagrees."
For those unaware, author Ehud Yonay's widow and son filed the case in June, claiming that Paramount never bothered to renew the rights to Yonay's article about the Navy Fighter Weapons School, which was published in California magazine.
Paramount countered their claims by stating that it did not need the rights as the sequel bore little resemblance to the 1983 magazine article and because facts about the Navy Fighter Weapons School are not subject to copyright protection.
"Plaintiffs do not have a monopoly over works about ‘Top Gun,'"Paramount’s lawyers argued.
Also read:Jury finds Paul Haggis guilty in civil rape trial, orders director to pay $7.5 million compensation
However, in the latest ruling, Anderson held that the complaint contained enough similarities to survive a motion to dismiss.
"Here, the Court finds that there are enough alleged similarities between the Article and the Sequel for reasonable minds to differ on the issue of substantial similarity, including the filtering out of unprotected elements,"Anderson stated.
In a statement that followed the dismissal of their motion, Paramount said that it will continue to fight the lawsuit and expects to prevail. "While the Court declined to dismiss the case at this very early stage in the proceedings, we will continue to vigorously defend this lawsuit and are confident that discovery will confirm that the claims have no merit,"the studio said.
'Top Gun: Maverick'is among thetop-grossing films of 2022. Itcollected over $1.5 billion in box office revenue worldwide.