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The family is seeking damages and an injunction that would stop Paramount distributing the movie. It has accused Paramount of knowing the copyright had reverted and deliberately going ahead with the sequel anyway, "thumbing its nose" at copyright law.
The Yonays claim they sent Paramount a cease-and-desist letter on May 11, two weeks before the film was released, and that in response Paramount denied it was derived from the 1983 magazine article. "Top Gun: Maverick" was originally scheduled for release in 2019, just before the claimed reversion of the copyright to the Yonays.
Paramount has argued that the sequel was "sufficiently completed" by the time the copyright reverted. But the Yonays claim that is "disingenuous" and that the sequel was only completed in May 2021.
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