Bridgestone sued by Sony over Kevin Butler character

In 2010, Sony began a new marketing campaign that included comedic actor Jerry Lambert as Kevin Butler, an alleged Sony VP of whatever the company was marketing in that ad.

The character and the ads were an instant hit, and Sony has stuck with them ever since, letting Butler introduce most new features and items for the PlayStation 3.

Most recently, however, Lambert took a job with Bridgestone for their "Game On" promotion. In the commercial, Lambert is portrayed playing a Nintendo Wii console. As one can imagine, Sony is not happy.

Sony Entertainment has now filed suit against Bridgestone Tires and Wildcat Creek, the ad agency behind the commercials. The company says Kevin Butler is their intellectual property and seeing Lambert playing a Wii will confuse consumers and hurt the brand.

Bridgestone pulled the ads last month after just a few days live, following the filing of the suit.

Says Sony: "Sony Computer Entertainment America filed a lawsuit 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."

Written by: Andre Yoskowitz @ 7 Oct 2012 22:56

Bozobub

I have no love for Sony, but this is a pretty clear-cut case. They'll win, or rather, Bridgestone will settle, guaranteed.

8.10.2012 00:35 #1

MNET16

What exactly has Bridgestone done that is illegal?

Bridgestone hired Jerry Lambert to make an Ad, Whats wrong with that?

8.10.2012 03:13 #2

xboxdvl2

unless jerry lamberted sign a contract stating he will only represent sony there shouldnt be a problem.

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8.10.2012 04:03 #3

Bozobub

They used his on-screen persona in a similar manner (playing a Wii).

Folks, there's a reason Bridgestone immediately pulled the ads.

8.10.2012 10:09 #4

LordRuss

Actually folks, HE did not play the game system. The female scientist & the tall scientist wearing glasses doing the primary voice over were the ones actually playing the game system.

Besides, Jerry signed on to sell Bridgestone "Tires" NOT Bridgestone gaming consoles. The man is an actor & I think he wants to eat in this decade. Chances are he only makes scale for Sony's commercials (given their tight assed purse strings) so he obviously went out looking for more work. Good for him.

Sony can't own everything. Otherwise, the comedic fashion of satirizing someone drinking or wearing a product line on a TV show or movie for the comedic value would be lost out of fear of being sued.

Yes, I realize this was(n't)[edit] a satirical event but another commercial entirely, but it was indeed for TIRES, not gaming consoles. Unless little Joey wants $1k of rubber around his Hot Wheels just so he can play Wii bowling in his room I think his folks will balk at the idea.

It's just another attempt at trolling from one company on another because they happen to be losing their ass in this economy. So what do they do? Like any other gambling addict, they double their bet down with a lawyer & court in hopes of a big payoff.

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8.10.2012 11:35 #5

Mysttic

The fact that Bridgestone already tried to cut a deal prior to litigation shows they knew full well they violated Lamberts contract, that any defense going forward a judge would have a hard time swallowing anything Bridgestone could use for a defense. Makes me wonder if this was the cause to a lack of Kevin Butler commercials. Sony would be wiser to not only settle, but make amends with Lambert to keep their hit commercials coming.

8.10.2012 14:45 #6

Qliphah

Ha! I actually saw the ad when it aired. My first thought is Sony's gunna sue somebody. But I assumed it would be Jerrys agent.

Then again, Bridgestone probably did hire him exclusively because of his known character from the PS3 ads. The proof they did it maliciously will be hard to tell, perhaps Sony was first pitched to promote their "Game-on" event and it fell through. Or perhaps someone trying to be witty at Nintendo recommended him.

8.10.2012 15:30 #7

aldan

i have no love for sony either but bridgestone crossed the line on this one.

8.10.2012 16:04 #8

LordRuss

I still say smoke & mirrors... Bridgestone has a lot of money wrapped up in their ad campaign to just let it stop altogether. Not to mention the fact that their partnered with Nintendo to basically pay for probably "x" number of game systems per sets of tires.

Coming at Sony with an initial payoff was just prudent behavior to keep things at bay & keep the ads running for a few more days/weeks. Time, of course, is money in this game. Sony by all means knows this, they simply don't care & the lightening pace at which things move in the entertainment/advertising field move looks as though guilt is always in the first move of the chess pieces.

Honestly... Sony should have just taken the payoff & used it to take a toke on the old ass pipe & called it whatever kind of win they wanted while the commercials ran for a bit longer.

http://onlyinrussellsworld.blogspot.com

8.10.2012 16:24 #9

Bozobub

"Bridgestone pulled the ads last month after just a few days live, following the filing of the suit."

Er, the ads didn't run for "a few more days/weeks".

8.10.2012 17:10 #10

DVDBack23

Originally posted by Bozobub: They used his on-screen persona in a similar manner (playing a Wii).

Folks, there's a reason Bridgestone immediately pulled the ads. Agree. This is about as cut-and-dry as it gets. It will be settled out of court, soon.

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8.10.2012 19:57 #11

KillerBug

Pretty sad really...it is clear cut that Sony would win if it went to court, but still very sad that they claim a person, a living human being, is their intellectual property.

8.10.2012 20:58 #12

Bozobub

Wrong. They claim a person playing a role very similar to one they played in Sony's advertisements is infringing, and it pretty clearly is.

8.10.2012 21:35 #13

scorpNZ

Totally agree with sony's position some nutmeg would get confused & buy a nintendo product instead of a sony one by seeing that dude on tv

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9.10.2012 00:00 #14

aldan

Originally posted by Bozobub: Wrong. They claim a person playing a role very similar to one they played in Sony's advertisements is infringing, and it pretty clearly is. it sure is.

9.10.2012 09:58 #15

LordRuss

Originally posted by KillerBug: Pretty sad really...it is clear cut that Sony would win if it went to court, but still very sad that they claim a person, a living human being, is their intellectual property. Right there with you. That's why I hate the whole typecasting navigation within the entertainment industry. I don't doubt that folks would recognize the CEO character from the Sony ads, but you would have to be pretty retarded to not notice that his character was a scientist in the TIRE ads.

It's not like he's blatantly announcing that the Wii is a better console than the PS3 here. And as I stated before, HE's NOT TOUCHING THE GAME CONSOLE OR THE CONTROLLERS! He's just observing.

http://onlyinrussellsworld.blogspot.com

9.10.2012 10:09 #16

aldan

9.10.2012 13:31 #17

rtlinux

Lambert, butler no idea who either of them are and don't really care. Sony and Bridgestone I know what they are. Toys and tires. I got to watch the Bridgestone commercial on My Sony TV and thought what a lame commercial.

Was I confused by it not at all. Just saddened by how bad it was.

12.10.2012 16:32 #18

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