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

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Avatar image for Enforcedspot
#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

Avatar image for KBFloYd
#2 Posted by KBFloYd (18441 posts) -

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

sony are dead serious about gamming :lol:

Avatar image for super600
#4 Posted by super600 (32403 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.

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#5 Posted by todd2r_Partdeux (762 posts) -

sony no likey the betrayal.

revenge is a dish best served cold.

KBFloYd
Indeed. With a side of slaw.
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#6 Posted by McStrongfast (4699 posts) -
Sounds dumb on a surface level. But I don't know the details of this case beyond Sony arguing for trademark infringement.
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#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.
Avatar image for Nonstop-Madness
#8 Posted by Nonstop-Madness (9843 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.

Avatar image for charizard1605
#9 Posted by charizard1605 (82615 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.
Avatar image for Tessellation
#10 Posted by Tessellation (8999 posts) -
someone is butthurt.
Avatar image for Stevo_the_gamer
#11 Posted by Stevo_the_gamer (44826 posts) -
This is hilarious.
Avatar image for JohnF111
#12 Posted by JohnF111 (14187 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.

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#13 Posted by tagyhag (15874 posts) -
How dare he. Once you're a Sony fan, you're one for life. No exceptions. I say put him to the chair.
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#14 Posted by Rockman999 (7232 posts) -
Wow Sony, butt frustrated much?
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#15 Posted by Miroku32 (8666 posts) -
Ok sorry, but for what reason Sony is suing them?
Avatar image for SolidTy
#16 Posted by SolidTy (49991 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?

Avatar image for lawlessx
#17 Posted by lawlessx (48753 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.

Avatar image for TheEroica
#18 Posted by TheEroica (17209 posts) -
So in all those commercials kevin butler is really thinking, "god i cant wait to get home and play some wii bowling"??? Hilarious.
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#19 Posted by Blabadon (33030 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.
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#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.

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#21 Posted by istreakforfood (7781 posts) -
Sony is awesome :lol: This is good as Sony patenting gaming conventions.
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#22 Posted by Lems_R_Tools (247 posts) -
i hope Sony sues lambert for all he's got. teach these f*ckers a lesson not to back stab Sony
Avatar image for Meeeper282
#23 Posted by Meeeper282 (1597 posts) -

SDC GUYS!

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#24 Posted by Promised_Trini (3651 posts) -

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

Avatar image for Heil68
#25 Posted by Heil68 (57687 posts) -
Thank you Sony for protecting your interest with great honor, integrity and esteem.
Avatar image for Stevo_the_gamer
#26 Posted by Stevo_the_gamer (44826 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.

Avatar image for Heil68
#27 Posted by Heil68 (57687 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!!
Avatar image for coasterguy65
#28 Posted by coasterguy65 (7133 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.

Avatar image for santoron
#29 Posted by santoron (8583 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...:|

Avatar image for TwistedShade
#30 Posted by TwistedShade (3139 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.

Avatar image for dercoo
#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.

Avatar image for CanYouDiglt
#32 Posted by CanYouDiglt (8230 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.
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#33 Posted by bobcheeseball (9316 posts) -
too funny even Sony's poster boy enjoys their rival's products :lol:
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#34 Posted by reynal1287 (378 posts) -

Sony's really stupid for letting him leave.

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#35 Posted by TheDidact (3986 posts) -
GET READY FOR CREEPY PS4 BABY COMERCIALS!!!!!!!! :lol:
Avatar image for Blabadon
#36 Posted by Blabadon (33030 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.
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#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.

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#38 Posted by whiskeystrike (12172 posts) -

Cows really have lost their greatest exclusive. RIP Kevin Butler

I actually did find the football throw a little funny.

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#39 Posted by magiciandude (9667 posts) -

U Mad Sony?

Avatar image for CanYouDiglt
#40 Posted by CanYouDiglt (8230 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.

Avatar image for Heil68
#41 Posted by Heil68 (57687 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.
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#42 Posted by Chutebox (43055 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.
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#43 Posted by gensigns (1487 posts) -
[QUOTE="Heil68"] Because the ps triple delivered the sauce

Ayup, sony sauce sprayed all over your face....
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#44 Posted by Seabas989 (13086 posts) -

I find this all hilarious.

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

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#45 Posted by nintendoboy16 (33378 posts) -
He's not working for you anymore, Sony. Grow up!
Avatar image for KingsMessenger
#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.

Avatar image for super600
#47 Posted by super600 (32403 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:

Avatar image for KingsMessenger
#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...

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