Opening a new front in a misguided legal attack, famed test pilot Charles “Chuck” Yeager has sued computer chip maker Advanced Micro Devices (NYSE: AMD) for comparing the release of a new product to his breaking of the sound barrier.

AMD issued a press release in March 2000 when it became the first manufacturer to ship a chip with a speed over 1GHz, that is, one billion clock cycles per second. The release quoted CEO W.J. Sanders as saying,

Just as the achievement of Chuck Yeager signaled the beginning of a new era in aviation, the 1GHz processor ushers in a new era of information technology.

In a complaint filed last month, Yeager says AMD has continued to misappropriate his name and identity for advertising purposes, leaving “the clear impression upon the public that there was an implied endorsement by General Yeager of AMD's new product line.”

This is not Yeager's first attempt to claim monopoly control over any mention of an historic achievement that was the work of many -- including engineers, scientists and pilots working for the military –- and is part of the public domain. In November 2007, he sued Cingular Wireless (now AT&T Mobility) after the cell phone company suggested in a press release that the launching of a new hurricane response service was comparable to the breaking of the sound barrier.

The fate of both cases could now depend on a motion for summary judgment in which AT&T argues that Yeager “cannot monetize his achievements by requiring parties to pay him money any time his name is mentioned. Allowing Plaintiff to do so would stretch both the right of publicity and trademark law well beyond their lawful bounds.” The motion is set for a hearing Oct. 30.

Yeager is suing AMD only on California state law claims of violation of publicity rights, false advertising and unfair business practices. The AT&T case includes a federal claim for false endorsement under the Lanham Act.

AMD's sales pitch for the 1GHz Athlon processor, Yeager says, has “focused primarily upon a subliminal suggestion of endorsement by General Yeager and an implied connection between General Yeager's personal accomplishments and AMD's new product.”

In June 2008, U.S. District Judge Frank C. Damrell denied a motion to dismiss the AT&T case. Accepting as true the allegation that AT&T's press release was “really an advertisement,” he ruled, “[T]he complaint sufficiently alleges that defendant used plaintiff’s name and reputation for its own advantage to promote an unrelated product or theme.”

But in the summary judgment motion, AT&T says Yeager has provided no factual support for his allegations and has admitted during discovery that the press release “does not propose any commercial transactions” and “does not offer for sale any products [or] services.”

The allegation that the release was likely to confuse consumers, AT&T says, is “idle speculation supported by no evidence whatsoever.” Yeager's wife said in a deposition she spoke to people “who believed he was affiliated with AT&T” but was unable to identify any of them.

AMD's press release also mentioned other historic “firsts,” including Neil Armstrong's moon walk, Roger Bannister running the four-minute mile, and Edmund Hillary climbing Mt. Everest. Hopefully, Damrell will now refrain from setting a chilling precedent and agree with AT&T that Yeager “may not, in the guise of a false endorsement claim, assert a monopoly on all mentions of a historic event.”

By Matthew Heller
10/5/09