Posted on 12/31/2009 11:14:54 PM PST by Paleo Conservative
SAN FRANCISCO (CN) - Chuck Yeager says Virgin America used his name without permission in a mass mailer advertising its in-flight WiFi service. Yeager, 86, the first pilot to break the sound barrier, seeks punitive damages for unjust enrichment and violation of his publicity rights.In his Superior Court complaint, Yeager cites a Virgin press release that he says was "widely distributed ... to several thousand people - if not hundreds of thousands of people." It states, in part: "Not unlike Buzz Aldrin or Chuck Yeager, you have the opportunity to be a part of a monumental moment in air travel. The communication highway now has wings with in-flight WiFi at every seat ..." Yeager, a retired general, says he "rarely, if ever, permits his name, image or other publicity rights to be used by private companies, or to associate with commercial products or services in the aviation industry, because that is the industry in which General Yeager has spent his entire 65-year career and has achieved so many accomplishments. Should a private company in that industry request the widespread commercial use of General Yeager's name or other publicity rights, General Yeager would carefully evaluate the company, product and/or service to be advertised, and if he were to agree to permit the requested use, he would require a payment commensurate with the value of his publicity rights in that industry - a substantial sum."
Yeager is represented by Charles Harder with Wolf, Rifkin, Shapiro of Los Angeles.
You just tried to. Go look in the mirror and let me know what you see.
He did and some of the comments about him here leave me almost speechless.
BTW: VA was my very first experience flying across the pond. As a 15 year old, I was quite impressed with their service. I hope that this is settle amicably.
I bet it was much better than Pan Am.
No one can doubt this mans accomplishments and all that he has done for this country from WWII to the Sound Barrier to his ultimate retirement and that famous day on the anniversary of the sound barrier when he flew an F-15 for the last time and went through the barrier with his wing man from the original event on his wing yet again.
Sadly there is a lot of heartbreak in his life as well. Much of it his own making. From family in-fighting to lawsuits between him and the AFA as well as with the USAF Museum. If I am not mistaken he is a bit down on dollars and may well be doing this for that reason.
I’m with you. This seems ridiculous. A lawyer making work for himself must have dreamt this up.
Actually, a famous person has more rights than the average peon when it comes to using their names for promotion. I think the context here is that he's mentioned as a historical figure. Plus he was a government employee at the time of the event.
I think Virgin is in the clear, and Yeager looks petty.
Maybe he wants to be on the first flight? In reading his book years ago, I think I recall he yearned for the chance to get into space.
I agree with your impression of a slam. The suit is specific in private companies making hay on his name. To the inferred slam, having an airport named after the General hardly incites commercial interests but instead it is the focus of honoring his achievments.
Not unlike. Translation, 'like', as in 'Like Buzz Aldrin or Chuck Yeager, you....'.
Yeagers agency/lawyers got VA by the shorts. Their ad agency tried to pull, or screwed up, or whatever, and got caught. Time to cut a check.
I met Brig Gen Yeager and spent about 15 minutes with him on an interview for the base newspaper at Peterson AFB in 1983. He seemed like a regular kind of guy.
If they are going to name-drop without permission why did they pick Buzz instead of Neil Armstrong?
There is no problem in using Yeager's name w/o permission in non-marketing things like journalism, academics or literature.
You could certainly write an unauthorized biography about him.
And I certainly don't blame Yeager for being choosy as to what products with which his name is associated.
Is this any way to run an airline?
They'll settle out of court. Neither side wants to go ugly.
Not true.
You notice they use Buzz Aldrin instead of Niel Armstrong. It is well known that Armstrong will not allow his name to be used for commercial purposes while Aldrin has been cashing in for years.
” Not many would have the nerve to do what he did.”
You raise a good point. How many test pilots are there (living)?
“Why do so many people on FR interpret a simple remark as a slam? I said nothing to slam him. I simply said there was no mention of any naming rights back then, and that times have changed.”
I agree. That put-down was overkill and undeserved.
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