Sony is Suing Kevin Butler

[hippie_hunter]

Following a bizarre turn of events and a highly unlikely TV commercial, actor Jerry Lambert - for years the "face" of the PlayStation brand - is being sued, along with Bridgestone, by none other than Sony itself. Despite having made something of a name for himself playing the fictional PlayStation executive Kevin Butler, last month Lambert appeared in an advertisement for Bridgestone tyres playing a competitor's product, the Nintendo Wii.

Strangely, the commercial was later edited to remove Lambert from it entirely. Which seemed weird, but it may be explained by the fact that on September 11, Sony Computer Entertainment America filed a suit (spotted by gumby_trucker @ NeoGAF) against both Bridgestone and Wildcat Creek, a company registered in 2007 by...Jerry Lambert, who according to California Secretary of State data is also its president (presumably it's the registered name for the handling of his business affairs, since there's little other online data or representation for it).

Sony is suing both companies over trademark infringement, I'd wager for their use of Lambert - synonymous now with the PlayStation brand - in a scenario involving video games that aren't PlayStation games. It would be crazy if the fine print of Lambert's contract with Sony didn't include some mention of not being seen to endorse competing products for some set amount of time.

We've contacted both Sony and Bridgestone for comment on the specifics of the case, and will update if we hear back.

http://kotaku.com/5949607/sony-is-suing-kevin-butler

This sucks, I really wish that this doesn't destroy Sony's relations with Lambert so that way we can still get more KB commercials

 

[BatMatt]

I saw that commercially as it was originally intended and was certainly a bit thrown off seeing KB playing a Wii

 

[SpideyVille]

I remember hearing about the commercial on IGN's Playstation podcast a while ago and they joked about him being a traitor and stuff, but that was that. There were some jokes about him being undercover, which could've been a great fictional storyline.

But while it does suck, I've noticed that they haven't really done any new commercials with him. I can't remember the last time I saw him since before the PSN outage.

 

[Superhero 101]

Wow this is strange

 

[Nathan]

WTF Sony?!

 

[Jennifer Walters]

I am literally the only person who doesn't understand the appeal of the Kevin Butler character it seems. So I really don't care if this destroy's their relationship.

 

[ProjectPat2280]

Heres a little more info on it:

Sony Computer Entertainment America filed a law suit against Bridgestone and Wildcat Creek, Inc. on September 11. The claims are based on violations of the Lanham Act, misappropriation, breach of contract and tortious interference with a contractual relationship. 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.

I think Sony forgot he was an actor.


Sony is making WAY too much out of this. They are only hurting themselves. I wouldnt expect anything else from them at this point. Dont know what the hell is going on with that company.

 

[Nathan]

So, the guy isn't allow to take acting gigs anymore?

 

[SpideyVille]

I think they took more offense to him promoting something for another system.

It kinda reminds me of the old WWF/WCW battles, where you knew the other existed, but couldn't directly mention them, and if someone would see a wrestler show up on the other's show, it would either look like they were a traitor or going to sabotage. There was no such thing as working together.

 

[KALEL114]

This looks pretty cut and dry. Bridgestone and Lamberts agency violated a contractual agreement. They digitally removed from him from the commercials because of it. That shows me that they messed up and are in the wrong here.

 

[zenith16]

Bridgestone responds to Sony: Kevin Butler wasn't in our commercial

(55 minutes ago)
23

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Bridgestone is responding to Sony's lawsuit by denying the Kevin Butler character appeared in one of its recent commercials. Following Sony's allegations over Butler actor Jerry Lambert's appearance in a Bridgestone commercial, the tire manufacturer made a statement via The Hollywood Reporter declaring its intention to fight the lawsuit. As far as Bridgestone is concerned, Lambert appeared in its commercial but wasn't starring as Kevin Butler in any way whatsoever.

"Mr. Lambert is one of the actors who appeared in the commercial as a Bridgestone engineer," reads the statement, "Bridgestone denies that 'Kevin Butler' appears in the Bridgestone commercial discussed herein and thus denies that he speaks or does anything whatsoever in the commercial."

It emerged last month Lambert appeared in a commercial as part of Bridgestone's "Game On" campaign, featuring him playing a Wii and acting in a similar exuberant manner to his PlayStation persona of Kevin Butler. Sony believes Bridgestone and Lambert's advertising agency Wildcat Creek are guilty of violating the Lanham Act, misappropriation, breach of contract, and intentional interference with a contractual relationship. Sony filed the lawsuit on September 11, and Bridgstone has since removed Lambert from its most recent ads. Sony has until October 12 to withdraw the lawsuit, otherwise it proceeds.

• Via: Kotaku
• Source: The Hollywood Reporter

 

[GREEN =w= DAY]

stupid Sony

 

[Superhero 101]

I agree with Bridgestone I don't understand why Sony thinks they own lambert he can choose to do whatever he likes unless he was under a contract with Sony

 

[KALEL114]

He was under contract. That's the point of the lawsuit and why Bridgestone tried to fix it by removing Lambert from the commercials digitally.

 

[Slushy]

While I can certainly understand where Sony is coming, filing a lawsuit on the poor guy was taking it too far.

 

[Marvolo]

I remember him in the commercial so denying it is pretty pointless, but what Sony is doing is even more pointless. Give him a reprimand, dock some pay, but dont take him to court. Christ. Sony is a major corporation and he is a single man. Its hardly fair.

 

[Wolfwood]

I remember him in the commercial so denying it is pretty pointless, but what Sony is doing is even more pointless. Give him a reprimand, dock some pay, but dont take him to court. Christ. Sony is a major corporation and he is a single man. Its hardly fair.

They're denying that the character "Kevin Butler" appeared in the commercial, but they admit that they had the actor there. Though I read it as them denying he was in it at all too.

 

[Marvolo]

They're denying that the character "Kevin Butler" appeared in the commercial, but they admit that they had the actor there. Though I read it as them denying he was in it at all too.

Oh gotcha. Lol that is so ridiculous. Sony cant prove that was the character Butler in the commercial. A name is never given nor any factor indicating who the character is, and last I checked Sony doesnt own the actor so the actor can appear in any commercial just not his character Butler. Yeah, good luck proving that was his character, Sony. Ugh, what a bunch of *****ebags.

 

[Superhero 101]

Whatever the case Sony needs to deal with the situation because there marketing this year has been pretty bad this year not showing any kb ads and i think its effecting sales and sony missed a big opportunity not showing any ps all star ad utilizing the Kevin butler character or even a best buy ad that they usually do each holiday the new ads that are showcasing the games seem pretty bland and generic

 

[SpideyVille]

All things considered, I think this is a fair settlement. Maybe a bit overboard on Sony's behalf, although they did have a fair case. I just hope we get some more Butler ads at some point after this.

Sony Settles Bridgestone Lawsuit with Kevin Butler Actor
Jerry Lambert agrees not to appear in any non-Sony game commercials for 2 years.

Sony has settled its lawsuit with Kevin butler actor Jerry Lambert. According to a report on Media Post, Lambert has settled with Sony and agreed not to appear in non-Sony gaming commercials for a set period.

Sony sued Lambert and his production company back in October after Lambert appeared in a commercial for Bridgestone Tires that included an advertisement for a promotion using Mario Kart Wii. At the time, Sony said Lambert’s appearance “to sell products other than those from PlayStation misappropriates Sony’s intellectual property, creates confusion in the market, and causes damage to Sony.” Sony also sued Bridgestone at the time, and despite the settlement with Lambert, “Sony and Bridgestone are still battling in the U.S. District Court for the Northern District of California.”

Media Post reports that as part of the settlement, Lambert “acknowledged that his contract with Sony precluded him from promoting or endorsing competing game systems” and that “confusion was created in the minds of some consumers who believed he was portraying the Kevin Butler character in both the PlayStation and Bridgestone commercials.” Lambert also agreed not to appear in any ad that features “any other video game or computer entertainment system or video game company” for at least two years.

Lambert also agreed to seek Sony’s permission before appearing in commercials, and will have to provide Sony with details so the company “can assess whether or not Lambert’s intended performance violates [Sony’s] rights in the Kevin Butler character.”

Kevin Butler debuted in 2009 as part of the It Only Does Everything ad campaign. Since then, Butler has become an iconic Sony spokesperson, appearing at E3 press conferences, teasing other ads and even starring in downloadable content for LittleBigPlanet Karting.

http://www.ign.com/articles/2013/01/17/sony-settles-bridgestone-lawsuit-with-kevin-butler-actor

 

[Superhero 101]

This is great news can't wait for some more KB

 

[Havok83]

what makes you think we'll see more KB. I think Sony is likely to phase him out and retire the character