Sony suing 'Kevin Butler' actor
Sony has filed a lawsuit against Bridgestone Tires and advertising firm Wildcat Creek, for actor and WC president Jerry Lambert's appearances as a character similar to Kevin Butler.
As corporate characters go, Sony's Kevin Butler has been a breakout star. The character has been brought out on stage during press events and even made game cameos. But part of being a fake executive means you're beholden to the Sony brand, and the company is holding the actor to that commitment with legal action.
This tale of legal happenings is a bit roundabout. Actor Jerry Lambert, who plays Kevin Butler, is the president of the advertising firm Wildcat Creek, Inc. Last February, Wildcat began promotions for Bridgestone Tires, and Lambert personally appeared in the ads. This didn't seem to make waves until just recently, when Bridgestone began a "GameOn" promotion that offers a Wii console as one of the prizes. In one ad, Lambert appears with a Wii and a copy of Mario Kart Wii.
This prompted Sony to file a lawsuit against Bridgestone and Wildcat Creek on September 11, claiming that it violated their intellectual property of the character Kevin Butler. Sony cited "violations of the Lanham Act, misappropriation, breach of contract, and tortious interference with a contractual relationship" in a statement to VentureBeat. "We invested significant resources in bringing the Kevin Butler character to life and he’s become an iconic personality directly associated with PlayStation products over the years. Use of the Kevin Butler character to sell products other than those from PlayStation misappropriates Sony’s intellectual property, creates confusion in the market, and causes damage to Sony."
You can see a brief moment of Lambert in a Bridgestone commercial at the end of this Super Bowl spot, to judge for yourself how similar he is to the Kevin Butler character.
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Steve Watts posted a new article, Sony suing 'Kevin Butler' actor.
Sony has filed a lawsuit against Bridgestone Tires and advertising firm Wildcat Creek, for actor and WC president Jerry Lambert's appearances as a character similar to Kevin Butler.-
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^^^ Came here to say this
http://en.wikipedia.org/wiki/Fogerty_v._Fantasy
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"No one is more authentic than Kevin Butler!" http://www.youtube.com/watch?v=kVMnesyAsjQ#t=05m38s
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Yeah, not to be Internet Armchair Lawyer here, but if the actor is under contract (or, depending on how the thing works, the company he's president of) then Sony may have a case.
Another case that comes to mind is the one Bette Midler did back in the 80's. When she shot down Ford to do a car commercial, Ford's advertising agency went and found her vocal coach who sounded more or less identical to Midler and then had her sing a Midler song for the commercial. Midler sued, and while the case against Ford was dismissed, she won against the agency for $400K.
http://www.nytimes.com/1989/10/31/business/y-r-ordered-to-pay-midler.html
(the story there identifies the real singer as one of her backup singers but I've read other stories that peg her as the vocal coach).
So you can successfully be sued for misappropriating someone's likeness.
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Because armed with only the basic facts and no knowledge of the law (Sony hires actor to play a role in a commercial then later sues him for a different commercial) it does seem like ridiculous behavior from an already somewhat unpopular company.
And in the "FRIST POST!!1!" culture of Internet message boards, the fastest gun in the west wins.
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