Sony sues Kevin Butler actor (update: Sony comments)

GamesBeat writes: "The PlayStation spokesperson and faux-executive Kevin Butler is in trouble with Sony. On September 11, Sony Computer Entertainment America filed a lawsuit against the Bridgestone Tires company and Wildcat Creek, Inc advertising firm. Actor Jerry Lambert, who plays the hilarious and arrogant Kevin Butler character in PlayStation commercials, is the president of Wildcat Creek according to Corporationwiki.com. SCEA claims that Bridgestone and Lambert violated one of Sony’s intellectual properties. Which one? Well, Kevin Butler."

[black911]

"For the love of money People will rob their own brother"

http://www.youtube.com/watc...

[knowyourstuff]

I wonder if the guy who sold those orange Shamwow towels has legal disputes between that Shamwow company and the new ads he does for some other vegetable chopping product. Really, it's the same idea, unless of course his contract ended and there was no non-compete clause.

[KrimsonKody]

It all comes down to what's within the contract.
It's possible that Kevin Butler's contract had specifics which prevents him from advertising or being in other commercials.

[PurpHerbison]

He is doing the "Schticky" product now.

[Knushwood Butt]

lol Shamwow

[3-4-5]

He owns the shamwow stuff. That vince guy. He is the owner AND spokesperson for it.

[Gaming101]

LMAO Chimpanzees ^

No, that Vince guy worked for a flea market who then decided to create a commercial marketing that product. You really think that guy is the business owner type? He punched a prostitute in the face because she bit his toungue and wouldn't let go LOLOL

[alien626]

omg people! they not suing kevin they suing bridgestone for miss using KB

[Beastforlifenoob]

Or he bit another person...

[Thatguyinthesuit]

@alien626

They're suing Bridgestone AND Wildcat Creek and guess where Lambert works and is conveniently the head off? Wildcat Creek.

[sikbeta]

-__-

Is it Sony suing Sony for using Lambert in the movie Bad Teacher as well? XP

[darthv72]

The woman that does the voice of bart simpson got sued by the simpsons creator for her using the bart voice in something unrelated to the simpsons without authorization.

I think it was, she was doing a promo for something else (which did not go against her contract) but as she was reading, the bart voice slipped out and was caught in the promo.

That was the violation right there. not just the fact she was doing work for something else. All actors have that right to work but their persona's (or characters) can be contractually obligated to not be used outside of whatever they are contracted for.

Lambert was doing a commercial for a tire company that happened to have the wii in it. Had he been in butler character then he would be in violation but simply being in the commercial is not enough for sony to go on.

i have seen enough commercials in my time to have seen the same person advertise for more than one unrelated product as many different characters.

This is stupid sony.

[knowyourstuff]

For those of you who want to see the actual lawsuit, the file that Sony is suing on is detailed here:
http://dockets.justia.com/d...

Kevin Butler the character didn't need to be in the commercial. This Jerry Lambert is the biggest attention whore on the planet if he can't just keep himself out of the commercial and keep two campaigns separate, he should've had some inkling that Sony wouldn't be happy with him using his face to promote a competitor. Dumba$$.

[Freak of Nature]

That depends on the Brother, and the Brothers Brother... Money is not the root of all evil, just a portion of it...

Perhaps if they showed a pixel-ed out Mario, speaking with his familiar voice saying here Mr.Kevin Butler *Screwa Sony, *taka thisa* cash as Mario hands a overflowing briefcase of cash to Kevin Butler...

Bring in "Sack-boy" and he will show you how to be a proper mascot...

[SixZeroFour]

ppl often misuse the quote "money is the root of all evil" because the actual quotation is "the love of money is the root of all evil" which gives a different meaning altogether from the former quotation

[geddesmond]

I don't see the problem. Sony made this dude famous

[TekoIie]

-among gamers.......

[insomnium2]

True pekolie and then he went on and advertized the competing GAMING platform.

[darthv72]

we wasnt playing the game at all. If you watch the commercial, it is the woman playing. plus its a tire company commercial not specifically a wii commercial.

Basically sony are suing for association. He was doing his job as an actor and because it just so happened to be a wii in the commercial they think he stepped out of contract.

seriously, im sure his contract is for butler. Not tire guy #2.

[StraightPath]

nintendo should capitilise this and get him and make adverts of him making fun of jealous sony sueing out of envy. in that advert he was even the supporting role.

hope they lose the case and nintendo pick him of official and promote the wii u. this will be big slap to sony for betraying him.

[sikbeta]

That's dumb, Nintendo would win nothing more than an overused character that lost its funny aspect long ago.

[ajax17]

I love Sony, and all(scratch that), most of their products, but seriously? This makes it sound like they own the man! It reminds of the cartoon Rocko's Modern Life, and the company CONGLOM-O, with it's slogan: "We Own You".

[black911]

SPUNKY!!! SPUNKY!!! I miss the 90's What happend to TV?

[Ult iMate]

I don't like that sueing stuff and all, but Sony invested in Kevin Butler for 3 years. And now Lambert is participating in an ad, where they play Wii. That's not very ethical from Lambert.

[nerdkiller]

omg! im sorry but thats bull crap, how can sony keep a man from making a living just because he took a role and sounded the same in it.if thats the case then universal, paramount and who ever should sue jack nickelson and christopher walken for acting the same in all there movies.

[BISHOP-BRASIL]

That's not the case. Jerry Lambert is the owner of the marketing firm responsible for the ad, so it's not like he innocently ended up sounding like Butler again... Also, they are not sueing Lambert personally, but his company.

By the looks of it, it's not simply non-comepetitive clause, as A: Bridgestone is not in the same market so it's not competition; and B: they aren't suing Lambert, but his firm, which makes no sense for ex-employee agreement breaking.

My guess here is Sony is claiming some kind of usurpation (plagiarism, patent infringment, copyright infringement, etc), that they own the character "Kevin Butler" and as so suing whoever uses the same idea.

Also, companies don't like suing who they can't win or who won't benefit 'em if wasting time/money on courts... Considering that slowing down Lambert gives Sony nothing, chances are they have a little more than an ex-employe agreement. I'm thinking of copyrights over Kevin Butler's persona, speech, gestures, clothes, etc...

[Legion]

"SCEA claims that Bridgestone and Lambert violated one of Sony’s intellectual properties. Which one? Well, Kevin Butler."

How did they violate the Kevin Butler property? They didn't use his name or even the attitude of Kevin Butler in that Ad. The character he played in the Ad was much too passive and dorky compared to Kevin Butler and his take charge attitude.

They are basically saying because his likeness (does he have to wear a disguise from now on when working on film?) and that he talked about a video game... makes it the Kevin Butler character?

Give me a break... if the courts up hold this then they are really allowing anyone to be sued for looking like ANY other character.

Here is a link to the original video: http://www.gonintendo.com/?...

[fatstarr]

I mean sonys only real mascot is playing wii.
lol Id sue too.
it limits this guy in what he can do in his career.

[badz149]

but not a generation has passed and the ad was like saying he's already jumping ship! for those who are aware that this guy is "Keving Butler" - VP of anything PS, this is kinda send a message that Sony has fired him or something!

[andibandit]

Okay!!!!!! let me get this straight,

Sony wont spend money on marketing, but they WILL spend money on this!?!?!?

GTFO!.

[Haha123]

This is up there as one of the stupidest lawsuits...