Sony Sues Kevin Butler for Advertising the Wii, Tires

[The Wooster]

Sony Sues Kevin Butler for Advertising the Wii, Tires

Actor Jerry Lambert and his production company are facing a lawsuit from former customer, Sony.

One of Sony's smarter decisions of this generation was to move away from its traditionally weird [http://www.youtube.com/watch?v=h28Kbdfmvbk], terrifying [http://www.youtube.com/watch?v=gqkNPcUMffU] and controversial [http://www.engadget.com/2006/07/06/sony-under-fire-for-racist-advertising/] advertisements in favor of the charmingly self-deprecating humor of Jerry Lambert as satirical exec, Kevin Butler.

Now it turns out Sony is suing Lambert, his production company, Wildcat Creek Inc. and Bridgestone, after the actor played a very similar role in an advert for the tire company. The name Kevin Butler wasn't mentioned in the ad, which informs viewers that buying four tires could net them a $70 American Express reward card or a Nintendo Wii, but apparently Lambert's demeanor made someone at Sony think the company has a shot at a trademark infringement case. Bridgestone edited Butler from the ad, but Sony went ahead with the lawsuit anyway. Lambert has appeared in ads for Bridgestone before without incident, which seems to indicate it was the presence of the Nintendo Wii that attracted Sony's lawyer sharks.

"The claims are based on violations of the Lanham Act, misappropriation, breach of contract and tortious interference with a contractual relationship," Sony said in a statement issued to Kotaku.

"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 the original, unedited ad here. [http://www.gonintendo.com/?mode=viewstory&id=184686]

Source: Eurogamer [http://www.eurogamer.net/articles/2012-10-08-sony-sues-kevin-butler-actor-for-advertising-the-wii]



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[Casual Shinji]

Looks like Kevin Butler is too iconic for his own good.

I guess Lambert will have Sony lawyers eyeing everything he does from now on - if they weren't already - at the risk that he might accidentally advertise something game related. Sucks to be him.

 

[Rigs83]

Apparently Kevin Butler is not allowed to leave his home without prior approval. If I was him I'd simply never work for Sony again.

 

[Denamic]

Is Sony allergic to positive PR?
They seem to go out of their way to piss people off at an alarming frequency.

 

[weirdee]

Oh hey.

Nice to know that when you enter a working relationship with Sony, they consider you their property.

 

[RicoADF]

I've been tempted to get a X-box 360 recently (Got a PS3, PSP, PS2 etc etc) and I couldn't put my finger on why I was having such an idea. Now I think I know where it's coming from, the stupidity of Sony is getting to the point it's tarnishing their otherwise good products.

For the record I also have 2 gaming machines, so between them and the Playstations getting a X-Box is pretty redundant at this point.

 

[Xan Krieger]

BS lawsuit, the role he is playing is an anonymous lab assistant, not Sony Exec Kevin Butler. I do not believe Sony has a chance here.

 

[90sgamer]

If the actor's presentation of dialogue is similar (mannerisms, script, style of speech and dress) is as similar as Sony claims then Sony is in the right. I absolutely understand where they are coming from.

On the other hand Sony has supposedly invested money and time into creating a trademark that is now nothing but a burned bridge. Bridgestone acquiesced to their demand and stopped harming Sony's image making the filing of a lawsuit necessary. On the surface this seems like a bad decision. I wonder what is really going on or what information was not available for this article.

 

[Fappy]

I never really thought those ads were funny anyway >.>

 

[WanderingFool]

There nothing more needed to be said, is there?

I fail to see how Sony could win this case though, as there is no mention of Kevin Butler in the Bridgestone commercial. Is MGM going to start sueing Daniel Craig whenever he stars in another movie that isnt James Bond?

 

[Lvl 64 Klutz]

As mentioned already, the only thing Sony is managing to do here is make sure that their best spokesman of all time never does another ad for them again.

 

[tippy2k2]

Except for being played by the same actor, there is absolutely no way to confuse the characters. However, I will say: Sony and Kevin Butler probably have a gaming exclusivity right (like how a NASCAR driver can't have SONY and NINTENDO on the same vehicle). Wild uneducated guess: THAT's why they sued.

Lambert has appeared in ads for Bridgestone before without incident, which seems to indicate it was the presence of the Nintendo Wii that attracted Sony's lawyer sharks

I may be jumping the gun accusing others of jumping the gun but I sincerely doubt that Jerry Lambert is being sued because they thought that the character in that video was actually Kevin Butler. The breach of contract is part is likely that he can't give advertising to other gaming consoles. While this is indirectly advertising the Wii, it is still advertising the Wii.

 

[GonzoGamer]

What!? Kevin Butler doesn't like playstation anymore?!
Then I don't either.

I'm trading in my ps3 and buying a wii to be like Kevin Butler.

The real news here is Sony thinks we're all too stupid to tell when the same actor is playing a different role.

Oh.
nevermind

 

[Goofguy]

BS lawsuit, the role he is playing is an anonymous lab assistant, not Sony Exec Kevin Butler. I do not believe Sony has a chance here.

My thoughts exactly. I went in to watching that video thinking it would be something along the lines of "Oh hey guys, I'm Kevin Butler and these tires are great" or one of the other 'scientists' saying "it's sure great to have you here, Kevin Butler".

But no. It's an actor working to earn money to make ends meet. He played Firestone Scientist #4, probably didn't get all that much money for the part. Shame on Sony.

 

[Thyunda]

Is Sony allergic to positive PR?
They seem to go out of their way to piss people off at an alarming frequency.

Well, see, when Sony had their massive successes with the PSOne and 2, what had actually happened is that they sent one of their men back in time. While travelling to the past, this man met one of the Guardians, the ancient race of time-protecting gods. They had a long conversation, and Sony was warned that if they allowed their initial success to alter their company's standing fifty years from now, they would collapse horrifically and their firstborn children would be sacrificed.

And now Sony must cover up their success, amass a big enough fortune to fall back on, and drag their public image down to pre-timetravel levels.

 

[Canadamus Prime]

*sniff sniff* I smell bullshit. Esp. since I watched the ad and it isn't anything like Sony's old Kevin Butler ads.

 

[Mumorpuger]

So.... is he getting sued for not changing his face? He barely had any dialogue!

 

[Callate]

What's that, Sony? It sounded like you said, "We come from a planet that does not have things like gratitude, a willingness to be reasonable, or a sense of fair play."

Expecting an actor to spend the rest of his life refusing roles that put bread on the table because he's afraid of stepping on your massive corporate toes is a dick move, guys.