Sony has settled its dispute with Kevin Butler actor Jerry Lambert over is appearance in a Bridgestone tyre advert.
"and he admitted confusion was created in the minds of some consumers who believed he was playing Kevin Butler in the Bridgestone ads." Gee, I wonder why... http://www.google.com/searc...
Seriously most people knew he wasn't playing Kevin Butler in the tyre ad. Clue 1: He never once referred to himself as "Kevin Butler" like he always usually did in the Sony ads. Clue 2: He wasn't in a Sony ad at the time, lol. This is more to do wit brand recognition, Jerry Lamberts alter ego Kevin Butler has become so synonymous with the Sony brand, seeing him promoting any other console makes some people feel like his character is endorsing a competing product.
True but they could at least made him look a little different...it's like they didn't even try. Different colour hair, a wig, some glasses, facial features etc....but no he looked like himself and over the years with Sony himself is basically Kevin Butler.
Sigh Im just sad we may never see kevin butler again :(
@ Root: he kind of even had the same machismo attitude.
Similar attitude, similar attire, playing video game.....yeah, how could ANYONE confuse him with his other character? /s
The issue here is that it was Lambert's LIKENESS that is associated with his character. When you see him wearing that exact same outfit, same haircut, playing videogames, the association is there. Bridgestone went to Lambert's marketing company to create its Wii commercial, and instead of just letting others do the commercial, he's such an attention spotlight whore he couldn't bare to not be on TV. Any dumbass who runs a marketing company knows how companies write up their contracts, and knows that companies don't want you promoting competitor products. It would be as if someone stole the Geiko lizard's likeness and British accent, and called it the "Manulife lizard" to make Manulife commercials. It's just the dumbest thing you can do, and shows Kevin Lambert only has loyalty to himself, and getting yourself recognized at opportunity no matter what the cost.
im more sad not seeing kevin butler commercials, this guy was good, and was awesome at doing it.
A couple of PS4 ads will do the "settlement" trick
@ Root So every other personality must now put on a wig and hide their true features based on their previous work holding some kind of right to his likeness? That idea is just asinine.
So what most of you are saying is, Jerry Lambert is not allowed to appear in any ads endorsing products other than that of Sony because he looks like the character he plays (Kevin Butler) and that confuses you? This is all about brand recognition, Sony is worried that people seeing Lambert in ads endorsing a competitors product will help increase the potential sales of that product, because the sheer popularity of Kevin Butler works as some kind of "seal of approval" as far as certain gamers are concerned. I do understand why this lawsuit happened, but I still think it's pretty stupid that company's have so little faith in us, believing that we're going to think Butler is plugging the Wii now... smh.
Of course Lambert knows he was wrong. The way the internet blew up with 'Kevin Butler has a Wii in a Bridgestone commercial', that was all Sony needed right there. Tell the judge to hit google, see everyone using the Kevin Butler name as proof of brand confusion and bang, case closed. Just glad they settled and can move on. No Jerry Lambert video game hocking for 2 more years as per the settlement. Admits he did it while still under a Sony contract. The fact people argued this on here made me lose brain cells from facepalming. LOL how Bridgestone said they never used Lambert in a commercial. Do they not realise people saw it and took rips and pics of it before they had a chance to pull it, lol?
It was pretty obvious that this would happen, I'm honestly surprised they didn't think about it in the development of the commercial. Maybe Bridgestone paid him enough that he didn't care.
One thing that isn't touched upon is, the might of billion dollar companies going after you with their own legal department will break any small company. Why do you think Bridgestone isn't settling, but a small guy like Kevin Butler (Lambert) would? Because the legal cost would probably bankrupt his company! Legal cost is at the point where most people can't fight it without loosing in some other way despite a win. What we need is a system where the losing party pays all court costs by default. That will curtail a lot of frivolous lawsuits.
I agree but what if the loser is the one who doesn't have the money in the first place but felt his rights were still violated?
You have a valid point. However, the law should protect the most people, not the few. In your case though, if the person didn't have the money there is *still* no money to get. The winner is still the victim, just like it is now because the looser can't pay up anyhow. However, this would essentially kill lawyers that can essentially bankrupt you armed with only a postage stamp. I also want to point out that lawsuits also has some good things, such as the attention to detail American companies will go to ensure safety that in many other modern western countries don't exist. There just needs to be a better balance.
Non compete clause.
Doesn't help that 99% of people don't even know his real name. EVERY article refers to him as Kevin Butler whereas they should read 'Jerry Lambert settles...' It would be like Jake Gyllenhaal being referred to as Donnie Darko in a news article...stupid if you think about it.
So if Sony gets someone that looks like Jerry to play Kevin Butler, can Jerry sue Sony for using his likeness without his consent?
Yes, if he invented the character, no if the other actor merely plays a character he didn't invent (Kevin Butler with his own "spin" on the character) and yes if he's a personality and the character uses something that is specifically "Lambert", because it violates his right of publicity; even if it's a fictional character, if it looks and acts like Lambert when he was playing Butler violates his right of publicity, even if it's another actor or an animated character if I'm not mistaken. So actually, if you want to split hairs: Let's say Lambert wanted to sue Valve over Cave Johnson's likeness to Kevin Butler, but I think Lambert's too cool to do something like that, he might lose, because although Cave is similar to Kevin, Cave's voice isn't using Lambert's specific voice and the name isn't the same, plus there is no physical likeness that can be connected to CJ but in the mind of the listener. If Valve used even one actual word from Lambert they would be liable. BUT the right of publicity extends to anything, not just a name or likeness, that evokes the identity of a famous person. The court would have to decide if Valve used enough of Lambert's interpretation of what KB should be in CJ that would invoke Lambert's Kevin Butler for Lambert to win the case. Now, if Cave was over a game company, or he looked like the character KB, or if the character sounded a lot like Lambert's rendition of KB, or if he used enough quips similar to KB to invoke Lambert's image, Valve would be liable because it violates Lambert's right of publicity. See Wendt v. Host International and White v. Samsung Electronics for examples.
So will he be back to Sony for the PS4 marketing I say bring him back and make an advert taking the mic out of all this.....laugh it off
I sued a guy after he causes an accident. We ended up settling out of court. Do you really think me and him would ever be friends? Lambert is done with SONY. Forever.
Thank goodness! Now I can finally get some good sleep tonight. Unless, of course, there's a "Kevin Butler is Doomed" article on the horizon...
Anyone got any "tire" puns?
No, I'm tired of them.
Oh wheely? I think they're still funny.
^^^^^ that joke must've took a lot of willpower
Thank god this Sony Vs. Bridgestone law suit is over. I was getting TIRED from reading all the articles about it. HAHAH-yeah I know it's not good what do you want from me.
I stayed up till 4am, i got nothing (,_, ) Side note: I bought 6 bridgestone tires after seeing that ad. That Kevin Butler is good. He got me :(
I guess Jerry Lambert is not having a GOOD YEAR.
Freakin' nailed it.
@jujubee88: They are all retired.
Its a Good Year now that Jery Lambert TIRED to settle this once and for all. Come back VP Kevin Butler. We miss you.
I'm 'rolling' on the floor laughing
I'm getting a-round to it.
Sony made him big when he came out on stage at E3. I hope after all this we do see him used by Sony more.
I agree. Lock this guy down. I loved the Kevin Butler ads and I'd like to see more of them. Just the right mix of arrogance, charisma and humour in my opinion.
Yeh he should be the playstation mascot for foreseeable future
They could spin this with a Kevin Butler commercial that directly references an alter-ego playing the Wii and selling tires... "But I don't sell tires, I sell games...REAL games, games that could only be possible thanks to the power of the PlayStation 3!"
Pretty sure he's gonna bring it up in a future ad.
This is so stupid. You can't blame someone for looking like himself. So I guess Sega should sue Robert Downey Jr for being in a Call of Duty commercial when they were trying to sell Iron Man games? Since RDJ still looks like himself in that commercial, people will assume Iron Man prefers Call of Duty games. Furthermore (for those who are still reading), this is like when a music label tried and failed to sue John Fogerty because his solo album too much like his old band CCR. http://mentalfloss.com/arti...
Wasn't Jerry Lambert sued because he was under a Sony contract and not just because of his looks?? Pretty sure Jerry Lambert acknowledged that. Plus RDJ probably doesn't have a contract with either Activision or Sega as far as i know. Also, Sega does have the exclusive rights to "Tony Starks" video game appearance/character but not the rights to RDJ's appearance. There's a difference. ^_^
I can't wait until we get Jerry Butler, his younger brother by 2 years. ^ I know I can't be the first person who has thought of this.
why did zerocrossing get so many disagrees?! He speaks truth! and flat out common sense.. Ehhh some people...
@ Rhezin because his clues are flawed and he didn't read the article "According to the settlement, Lambert acknowledged that his contract with Sony precluded him from promoting or endorsing competing game systems. Lambert also acknowledged that at the very least, 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. Under the terms of the settlement, Lambert agreed not to appear in any ad or promotion that features or even mentions “any other video game or computer entertainment system or video game company” for a period of two years."---------------So do you understand now why the disagrees?
Hey I got 10 disagrees just for paraphrasing the article lol. "Jerry admits he was wrong". Some people can't read.
That's quite the accusation there, saying that I never read the article, I didn't realise it was a requirement to reference a direct quote. Listen Im fully aware of the terms of agreement in Lamberts case, but it doesn't mean I can't think its bloody stupid telling a guy he cant endorse another console because people will get confused, I got disagreed with for the most part for my comment appearing anti Sony, which is absurd since I've been buying their consoles since the Playsation and am a big fan of Sony.
I agree that it IS ridiculous that you get the shit from that console's fanboys on this site (no matter which console's fanboys come out to play) to spite your criticism of said console. It's not just Sony's. Microsoft's have done that too. It's just the sad state of affairs this gen because the internet has escalated it. Can't have a serious discussion about gaming topics that affect all of us and represent both sides in the discussion without an endless sea of immature posts and fanboyish cheerleading of people who don't deserve the cheerleading, with no limit to what they approve. The already sad state goes further when you consider how THIS site has been to even do anything about said people. God forbid you are fair to both sides in debates. Remember the jailbreaking arguments on this site? Yeah, perfect example of how it's getting ridiculous of how you can't even separate yourself from your usual console manu of choice on anything without people thinking you've somehow betrayed them and that you never once defended them on anything.
I often get disagrees for speaking the truth and common sense... The point I was trying to make is in the tyre ad we all know Lambert wasn't playing Butler, but Sony worried people would think Butler (a character they created to endorse their products) was now plugging a competitors product. That makes sense right, idk may be im not explaining it well, anyway Im thankful at least people were mature enough to not take away my bubbles.
I loved Kevin because I thought the ads were funny and clever. I hated Kevin because I thought these ads were preaching to the choir and failed to reach an audience outside of the hardcore playstation fans. So I guess I have mixed feelings about this. Although I'm glad the actor didn't have to pay any money.
I must admit that im one of the people that never knew that Kevin Butler wasnt his real name.....
The only counter argument is he acts the same in pretty much everything he does. He has cameo's in some movies (Sony movies none the less) and acts the same in all of them, very one dimensional. Why didn't Bridgestone just cough up some money and put PlayStation there instead? They can' deny they were running off his popularity for the commercial, and they thought it was working as it became more widespread until Sony said "hang on!" Then it suddenly disappeared. Too bad it wasn't a car commercial, I'd love for someone to get rid of those and the stupid Geico crap. It isn't the first time the internet got someone in trouble. I remember some person hired for Coca cola commercials was caught drinking a Pepsi behind he scenes. lol
We need to do better N4G.
He's obviously the VP of Undercover operations. Don't blow it for him.
We all lose here. No more KB commercials for 2 more years unless he comes back to do more for sony.
Does this mean we can have our Kevin Butler back :D I really miss the good old KB commercials. It coulda help some games last year.
I can see a commercial releasing, kevin ::: "so you thought I left? Of course not , old Jack was just having a fit at the fact I was better than him at countless game. So , when he saw me playing one more game I was better at, he got truly upset..... In the end , I let him win a round of All Stars and the whole matter was over" Jack ::: " Wait what?" ||| Playstation commercial outro |||
I still think sony suing over it was stupid, if it required make up or something to make him look like kevin, then yes i'd agree, but if he looked like kevin butler naturally then i'd say sony is wrong
i could see if it was an xbox commercial. but i knew it was a tire commercial. this is America, a man has a right to get a second job
I see what you did there.
I hope he loses and they sue him for all of Sony's money and his money too.
Butler gotta eat to.
What ever happened to Marcus?
I wasn't aware that anybody gave a shit about Marcus. :/
Oh I didn't, it suprises me that they would announce it on e3.
God you drones would condone slavery if Sony was accused of it :/ The man has a right to get another job and work for whoever he wants
Sony had to do something imo. Hell, half of the people on N4G think he's a real person.
Dear Sony: RE-HIRE HIM.
I wonder how many death threats and did traitor die letters Jerry received after he was noticed holding a wii mote.