Jonathan Stempel

(Reuters). Airbus has defeated an appeal made Wednesday by Chuck Yeager’s estate. Yeager is the U.S Air Force pilot that broke the sound barrier. The aerospace company was accused of using Yeager’s name without his permission in order to promote its A380 airplane and High-Speed Racer helicopter.

Yeager had filed a lawsuit against Airbus SE (OTC-:) in 2019 alleging trademark infringement, and that he was being denied his right to public disclosure. In 2020, Yeager was 97.

Famous combat pilot and test pilot, he objected at an A380 video showing employees footage of his 2008 trip to Airbus European facilities.

Yeager challenged an Airbus 2017 promotional statement that praised the helicopter’s efficiency. It quoted an executive as saying, “Seventy-years ago Chuck Yeager broke down the sound barrier.” We are trying to overcome the cost barrier.”

The 9th U.S. Circuit Court of Appeals Pasadena (California) said that a lower court judge correctly dismissed the case as she lacked jurisdiction. It was evident that neither Yeager’s video nor Yeager’s press statement were directed towards California.

Yeager was not accused of claiming that Californians saw the video. The panel also stated that California’s extensive aerospace industry does not support the claim that Yeager created a website with global viewers and coverage that was specifically targeted at California.

Airbus and Yeager’s lawyers did not respond immediately to inquiries for comment.

Yeager was the first to achieve the sound speed, Mach 1. He flew his rocket-powered Bell X-1 above Rogers (NYSE) Dry Lake in Southern California. This took place on October 14, 1947.

A younger generation became familiar with him when Sam Shepard, an actor who portrayed him in “The Right Stuff,” the 1983 film based on Tom Wolfe’s book about the beginning years of America’s space program.