SCEA sues Bridgestone and Jerry Lambert (Kevin Butler) over Game On promotion

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#1 Posted by Enforcedspot (2915 posts) -

Jerry Lambert, the actor who plays the Kevin Butler character began appearing in Bridgestone Tire commercials a few months ago. More recently the company began running a Game On promotion where purchasing a new set of tires nets you a $70 American Express card or a Nintendo Wii. The commercial for the promotion drew the attention of Skiesofwonder who posted this on September 3:

SCEA filed a lawsuit against Bridgestone, and Wildcat Creek (an advertising company Lambert is the president of) on September 11

Summary
http://dockets.justia.com/docket/cal...v04753/258962/
Court filing 1
http://docs.justia.com/cases/federal...4753/258962/8/
Court filing 2
http://docs.justia.com/cases/federal...753/258962/14/

http://www.neogaf.com/forum/showthread.php?t=494626

#2 Posted by KBFloYd (13838 posts) -

wth... sony is suing him for enjoying the wii after playing the playstation.

sony are dead serious about gamming :lol:

#3 Posted by TheGuardian03 (21791 posts) -

http://i.minus.com/iO2P2fYC8fd28.gif.

lol

#4 Posted by super600 (30720 posts) -

This is just funny if he did this after he left sony.Sony can't sue him for this if he did this after he left sony.

#5 Posted by todd2r_Partdeux (780 posts) -

sony no likey the betrayal.

revenge is a dish best served cold.

KBFloYd
Indeed. With a side of slaw.
#6 Posted by McStrongfast (4271 posts) -
Sounds dumb on a surface level. But I don't know the details of this case beyond Sony arguing for trademark infringement.
#7 Posted by lowe0 (13692 posts) -

This is just funny if he did this after he left sony.Sony can't sue him for this if he did this after he left sony.

super600
Depends on whether he had a non-compete clause, and how enforceable such clauses are in the court where this case was filed.
#8 Posted by Nonstop-Madness (9485 posts) -

This is just funny if he did this after he left sony.Sony can't sue him for this if he did this after he left sony.

super600

Sony's suing over intellectual property.

I assume "Kevin Butler" is Sony's intellectual property and Bridgestone portraying Jerry Lambert as "Kevin Butler" would infringe their IP.

#9 Posted by charizard1605 (58246 posts) -
[QUOTE="super600"]

This is just funny if he did this after he left sony.Sony can't sue him for this if he did this after he left sony.

Nonstop-Madness
"Kevin Butler" is Sony's intellectual property. Bridgestone portraying Jerry Lambert as "Kevin Butler" would infringe their IP.

Except he wasn't portraying Kevin Butler.
#10 Posted by Tessellation (8803 posts) -
someone is butthurt.
#11 Posted by Stevo_the_gamer (42980 posts) -
This is hilarious.
#12 Posted by JohnF111 (14093 posts) -

This is just funny if he did this after he left sony.Sony can't sue him for this if he did this after he left sony.

super600

He could have a non-compete agreement saying he can't work for a rival directly or indirectly for say... 1 year after he leaves.

#13 Posted by tagyhag (15867 posts) -
How dare he. Once you're a Sony fan, you're one for life. No exceptions. I say put him to the chair.
#14 Posted by Rockman999 (7232 posts) -
Wow Sony, butt frustrated much?
#15 Posted by Miroku32 (8666 posts) -
Ok sorry, but for what reason Sony is suing them?
#16 Posted by SolidTy (43825 posts) -

Hilarous, I remember those new commercials started with the Wii in the backround. I thought it was funny seeing Lambert playing Wii. :lol: I am slighly curious about the details of this case, to find out if Mr. Lambert signed some sort of agreement or what.

kevinbddp0.gif

Another thought, maybe Sony has some unaired ads they don't want to use now?

#17 Posted by lawlessx (46778 posts) -

[QUOTE="Nonstop-Madness"][QUOTE="super600"]

This is just funny if he did this after he left sony.Sony can't sue him for this if he did this after he left sony.

charizard1605

"Kevin Butler" is Sony's intellectual property. Bridgestone portraying Jerry Lambert as "Kevin Butler" would infringe their IP.

Except he wasn't portraying Kevin Butler.

might be because he was being funny during those whole 2 seconds he was on camera.

#18 Posted by TheEroica (13709 posts) -
So in all those commercials kevin butler is really thinking, "god i cant wait to get home and play some wii bowling"??? Hilarious.
#19 Posted by Blabadon (26645 posts) -
If they sued everyone who had more fun with their Wii after playing the PS3 a lot of people would be in court right now including me.
#20 Posted by hoola (6422 posts) -

How dare he. Once you're a Sony fan, you're one for life. No exceptions. I say put him to the chair.tagyhag

this is what I was thinking. He may have signed something saying he won't associate with certain competitors consoles on TV for a specified period of time.

#21 Posted by istreakforfood (7749 posts) -
Sony is awesome :lol: This is good as Sony patenting gaming conventions.
#22 Posted by Lems_R_Tools (255 posts) -
i hope Sony sues lambert for all he's got. teach these f*ckers a lesson not to back stab Sony
#23 Posted by Meeeper282 (1602 posts) -

SDC GUYS!

#24 Posted by Promised_Trini (3628 posts) -

Dudes a actor last time I checked.Unless he was under some kinda contract with Sony.

#25 Posted by Heil68 (45197 posts) -
Thank you Sony for protecting your interest with great honor, integrity and esteem.
#26 Posted by Stevo_the_gamer (42980 posts) -

Thank you Sony for protecting your interest with great honor, integrity and esteem.Heil68
WHY DO UOU CONYNUR THIS FAKE SCHEME OF PROTENDIN YO BE A PS3 FANBOY?

edikt oops caplock.

#27 Posted by Heil68 (45197 posts) -

[QUOTE="Heil68"]Thank you Sony for protecting your interest with great honor, integrity and esteem.Stevo_the_gamer

WHY DO UOU CONYNUR THIS FAKE SCHEME OF PROTENDIN YO BE A PS3 FANBOY?

edikt oops caplock.

Because the ps triple delivered the sauce, it's why I'm getting ps4 day fuking 1, how about you? Pedal to the fuking metal bro. Woot woot!!
#28 Posted by coasterguy65 (6027 posts) -

i hope Sony sues lambert for all he's got. teach these f*ckers a lesson not to back stab SonyLems_R_Tools

Oh my goodness...this is why PS3 fanboys are so looked down on..but but the guy betrayed my overlord he must pay.

#29 Posted by santoron (7774 posts) -

[QUOTE="Lems_R_Tools"]i hope Sony sues lambert for all he's got. teach these f*ckers a lesson not to back stab Sonycoasterguy65

Oh my goodness...this is why PS3 fanboys are so looked down on..but but the guy betrayed my overlord he must pay.

C'mon now. I'm pretty lazy about spotting fakeboys too, but that's one is rather obvious...:|

#30 Posted by TwistedShade (3165 posts) -

While i don't know all the details my guess is he signed a contract not to appear in a rival's ad's, for a set period of time. And he figured appearing in a tire commercial with focus on the Wii was differant.

#31 Posted by dercoo (12555 posts) -

While i don't know all the details my guess is he signed a contract not to appear in a rival's ad's, for a set period of time. And he figured appearing in a tire commercial with focus on the Wii was differant.

TwistedShade

This,

Contracts are what drive Hollywood & entertainment.

Accidentally breaking a one is like stepping on a landmine.

#32 Posted by CanYouDiglt (7487 posts) -
[QUOTE="istreakforfood"]Sony is awesome :lol: This is good as Sony patenting gaming conventions.

OMG I forgot about that. Sony is just pathetic sometimes.
#33 Posted by bobcheeseball (9307 posts) -
too funny even Sony's poster boy enjoys their rival's products :lol:
#34 Posted by reynal1287 (378 posts) -

Sony's really stupid for letting him leave.

#35 Posted by TheDidact (3981 posts) -
GET READY FOR CREEPY PS4 BABY COMERCIALS!!!!!!!! :lol:
#36 Posted by Blabadon (26645 posts) -

[QUOTE="tagyhag"]How dare he. Once you're a Sony fan, you're one for life. No exceptions. I say put him to the chair.hoola

this is what I was thinking. He may have signed something saying he won't associate with certain competitors consoles on TV for a specified period of time.

No way he's that stupid. Sony's just wasting more cash they don't have and being dumbasses as usual is my guess.
#37 Posted by sonic1564 (3265 posts) -

So its against the law to enjoy games on other systems than the PS3 and/or Vita? I'll see you guys in court.

#38 Posted by whiskeystrike (12068 posts) -

Cows really have lost their greatest exclusive. RIP Kevin Butler

I actually did find the football throw a little funny.

#39 Posted by magiciandude (9677 posts) -

U Mad Sony?

#40 Posted by CanYouDiglt (7487 posts) -

It is funny how Kevin Butler was like a hero to the PS3 fans the past few years but now he will become enemy number one since they have to stick by anything Sony does no matter if it makes any sense or not. How many said he should be in the All-Star game, as their avatars/sigs, and always making threads anytime a new commercial with him was made.

#41 Posted by Heil68 (45197 posts) -

It is funny how Kevin Butler was like a hero to the PS3 fans the past few years but now he will become enemy number one since they have to stick by anything Sony does no matter if it makes any sense or not. How many said he should be in the All-Star game, as their avatars/sigs, and always making threads anytime a new commercial with him was made.

CanYouDiglt
Now he is the anti Christ and must be dealt with accordingly.
#42 Posted by Chutebox (37367 posts) -
So in all those commercials kevin butler is really thinking, "god i cant wait to get home and play some wii bowling"??? Hilarious.TheEroica
You suck at trying to be funny. Seems like a silly lawsuit, but I don't know the specifics....or anything about law.
#43 Posted by gensigns (1478 posts) -
[QUOTE="Heil68"] Because the ps triple delivered the sauce

Ayup, sony sauce sprayed all over your face....
#44 Posted by Seabas989 (10402 posts) -

I find this all hilarious.

Anyways outside of a few chuckles, I never found "Kevin Butler" to be funny.

#45 Posted by nintendoboy16 (26904 posts) -
He's not working for you anymore, Sony. Grow up!
#46 Posted by KingsMessenger (2570 posts) -

They are doing a Trademark Infringement claim, which means that they are claiming that his likeness is their intellectual property.

Effectively, Sony is attempting to make the argument that they own his face.

LMAO. They are LITERALLY going to be laughed out of the court room.

#47 Posted by super600 (30720 posts) -

They are doing a Trademark Infringement claim, which means that they are claiming that his likeness is their intellectual property.

Effectively, Sony is attempting to make the argument that they own his face.

LMAO. They are LITERALLY going to be laughed out of the court room.

KingsMessenger

Lol!So sony isn't suing him for appearing in a competitor's commercial when he wasn't suspose to.:lol:

#48 Posted by KingsMessenger (2570 posts) -

[QUOTE="KingsMessenger"]

They are doing a Trademark Infringement claim, which means that they are claiming that his likeness is their intellectual property.

Effectively, Sony is attempting to make the argument that they own his face.

LMAO. They are LITERALLY going to be laughed out of the court room.

super600

Lol! So sony isn't suing him for appearing in a competitor's commercial when he wasn't suspose to.:lol:

That is part of it, but the crux of the argument appears to be that they are claiming Trademark Infringement because "Kevin Butler" appeared in an advertisement associated with Nintendo. However, Jerry Lambert is not playing "Kevin Butler," he is just playing another character, which isn't surprising given that he is an actor... So, Sony's entire argument effectively rests on the concept that Jerry Lambert's likeness = Kevin Butler, and therefore Sony owns Jerry Lambert's face.

Also, just to clarify, the commercial was not for a competitor, it was for a third party company that is in an entirely different industry who happened to be running a promotion.

If the issue was a non-compete clause then they would be filing based upon a breach of contract, not a trademark infringement. Trademark Infringement immediately means that it is something related to the likeness of Kevin Butler, and therefore some claim of ownership of Jerry Lambert's face...

#49 Posted by danish-death (5314 posts) -
Who cares. Samsung and apple are suing each other almost every day for something equally silly :P
#50 Posted by KingsMessenger (2570 posts) -

Another thing of note is that given that the lawsuit was filed in California, that immediately throws out all "non-compete clause" possibilities given that such things are not legally valid in California...

As I said before, Sony is suing based upon the claim that they own Jerry Lambert's face.