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Barry Tubb, who played Henry “Wolfman” Ruth in the 1986 Top Gun, sued Paramount Pictures in 2024 over a photograph in Top Gun: Maverick that he said used his likeness without his permission or payment. The case ended in June 2025 with a stipulated dismissal with prejudice and judgment for Paramount—not a reported trial verdict on the truth of Tubb’s allegations.
What prompted Barry Tubb’s lawsuit?
Tubb filed suit against Paramount Pictures Corporation on February 21, 2024, in the U.S. District Court for the Central District of California, case 2:24-cv-01417. The dispute concerned a photograph shown in Top Gun: Maverick, the 2022 sequel to the film in which Tubb played Wolfman.
In the scene, young pilots look at a photograph of the fictional Top Gun class. The image helps establish that Bradley “Rooster” Bradshaw is the son of Nick “Goose” Bradshaw. Reporting described the picture as adapted from an off-camera group photograph made during production of the original film; Tubb’s likeness appears in it.
What did Tubb claim about permission and compensation?
Tubb alleged that his 1985 agreement covered use of his image in connection with the original Top Gun and its promotion, but did not authorize its use in a later sequel. He said he had not consented to the use in Top Gun: Maverick and had not been compensated. Those statements were allegations in his complaint, not findings established at trial.
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![Top Gun: Maverick [Blu-ray]](https://m.media-amazon.com/images/I/51MpwZT0fAL._SL160_.jpg)
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The complaint included claims for false endorsement under the Lanham Act, statutory and common-law misappropriation of publicity, privacy, negligence, and breach of contract. It expressly disclaimed copyright claims. The dispute was therefore framed around likeness, publicity, privacy, and related legal theories—not a copyright infringement claim.
How did the case end?
On June 20, 2025, the court entered judgment against Tubb and in favor of Paramount. Under the parties’ stipulated request, the court dismissed the complaint and every cause of action with prejudice, and ordered each side to bear its own fees and costs. The judgment incorporated the court’s June 2, 2025 order and earlier tentative rulings that the June order made final.
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- Thrilling sequel to the 1986 classic Top Gun
- Starring Tom Cruise with Miles Teller, Jennifer Connelly, and Jon Hamm
- Features jaw-dropping aerial combat sequences and stunning visuals
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“Dismissed with prejudice” means the claims in this action were dismissed in a way that bars bringing them again. The judgment records the case’s disposition; it does not establish that a jury heard the case or that every factual allegation in the complaint was disproved. The available judgment also does not state why the parties stipulated to dismissal or report agreed payment terms, so the case should not be described as a settlement with specified terms.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the outcome does—and does not—establish
- Established by the judgment: The case ended with a stipulated dismissal with prejudice and judgment for Paramount.
- Alleged by Tubb: The original agreement did not authorize the sequel’s use of his likeness, and he had neither consented nor been paid.
- Not established by the disposition alone: Whether the parties reached a separate agreement, whether any payment was made, or whether each factual allegation was tested and resolved at trial.
That distinction matters: a final court disposition can determine the outcome of a lawsuit without serving as a trial finding on every disputed fact.
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