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Denver IP Attorney Zachary S. Al-Tabbaa for IP Watchdog - Heirs to Author of Article That Inspired Top Gun Crash and Burn in California District Court
IP Watchdog
Commenting on the case, Zachary S. Al-Tabbaa of Hall Estill said, while it may seem surprising at first due to the clear association between the sequel and the original film, “that’s not the case here and the reasoning makes sense.” Al-Tabbaa added:
“This case serves as an example for current rights-holders - if your characters, plot, theme, etc. derive from real individuals, narratives, occurrences, or locations, there’s a genuine risk that you may, and probably will, be excluded from a sequel.
In terms of its broader implications for Hollywood, this ruling signifies another victory for filmmakers and another setback for writers. The key takeaways here revolve around content and expert witness testimony: regarding content, writers must recognize the real possibility that their stories, serving as original source material, may not entitle them to ongoing recognition if substantially based on real individuals, facts, events, locations, etc.”
Al-Tabbaa also said the dismissal of Yonay’s expert witness was a “tipping point” in the case and is a lesson to ensure that the testimony of expert witnesses is solid and admissible.
