Saturday, March 13, 2010

Breaking the sound Barrier and Protectable Intellectual Property

According to this report, Chuck Yeager won against a request for a summary dismissal, and the judged ruled that breaking the sound barrier is protectable intellectual property.

“California judge ruled, in effect, that his breaking of the sound barrier is a protectable intellectual property asset”

IANAL, Yeager may have trouble showing that he is entitled to this title.

Foremost, it could be argued that the USAF broke the sound barrier, not the individual pilot that they selected for one flight.

Yeager was a Air Force celebrity and he took the first ride after the Air Force spent years working on the project.

It also may be a stretch to call his piloting an “achievement”, since that was only a tiny fraction of the effort in breaking the sound barrier. The U.S. Air force and Bell Aircraft was mostly responsible for the "achievement", spending years and millions of dollars.

It’s also disputed that he was the first to break the sound barrier. His claim is to be the first person to break the sound barrier in level flight, as there are reports of German fighter pilot Hans Mutke creating a sonic boom when diving in a ME-262.

Yeager’s own web site ecxhaggerates his rank. It says “General Chuck Yeager”, but Yeager had never held the rank of General, he was only a Brigadier General.

According to government records, Camp Woodbine in Raleigh North Carolina has the rights to "Breaking the sound barrier".

Camp Woodbine has registered the service mark “Breaking the Sound Barrier” (sm) Serial number=77056818, Reg. Number= 3296539.

Camp Woodbine (via The Carolina Ear Research Institute, Raleigh NC) is the rightful owner of the term “breaking the sound barrier".

BREAKING THE SOUND BARRIER

Goods and Services IC 041. US 100 101 107. G & S:

Operation of recreational camps for children with hearing impairment and other disabilities, pediatric cancer patients and children facing other life-threatening or debilitating ailments, such camps also offering educational classes and discussion groups to parents of such children to address issues encountered in raising such children; providing facilities for recreation activities for children with hearing impairment and other disabilities, pediatric cancer patients and children facing other life-threatening or debilitating ailments, and educational classes and discussion groups to parents of such children to address issues encountered in raising such children; providing recreational areas in the nature of children's play areas for children with hearing impairment and other disabilities, pediatric cancer patients and children facing other life-threatening or debilitating ailments, and educational and discussion areas for parents of such children; providing recreational instruction in the nature of horseback riding, fishing, arts, crafts, drama, archery, scavenger hunts, nature hikes, and sports that foster growth, self-awareness and communication, to children with hearing impairment and other disabilities, pediatric cancer patients and children facing other life-threatening or debilitating ailments, and educational instruction and discussion forums for parents of such children to assist them in coping with various issues encountered in raising their children.

FIRST USE: 20061001. FIRST USE IN COMMERCE: 20061116