We would have had an early candidate for 2010's stupidest California lawsuit of the year, but it turns out this one was filed on December 29, 2009 so it's competing in a larger pool. Thanks to SF Gate's Andrew Ross, we can report that renowned flight pioneer General Charles "Chuck" Yeager is suing Virgin American Airlines. The basis: using the following copy in an e-mail ad: "Not unlike Buzz Aldrin or Chuck Yeager, you have the opportunity to be part of a monumental moment in air travel," in touting its in-air Wi-fi service. As Ross reports, the General alleges that "At no time did Gen. Yeager give his permission to defendants" to use his name - worth "a substantial sum" - which Virgin America used "maliciously, oppressively and fraudulently," so he wants compensatory damages, punitive damages, blah blah blah.
General! Get over yourself! I was going to post a creative commons licensed photo of Yeager on the side here. But I'm afraid he'd sue me. So I think I'm going with Buzz Aldrin instead.
Happy New Year everybody, and have a great weekend. More substantive posts resume next week.
? I'm shocked to see a purported legal-matters blog be so wrong on a well-established issue. Look up "model release".
The name "Chuck Yeager" has a lot of positive associations--obviously the case, because why else would his name be used in advertising? And Virgin America is clearly expecting to derive some positive financial benefit from those associations. Why shouldn't they compensate Yeager in some way for doing this?
Posted by: DensityDuck | January 25, 2010 at 10:56 AM