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One of the smarter moves the Sony Marketing Department made was the creation of the Kevin Butler character. He’s funny, memorable, and actually made me want to buy a PS3 more than I already did. Unfortunately, we haven’t seen him in a while. I guess that’s because he’s been making commercials with Bridgestone Tires. Sony doesn’t like that.
Last month, after appearing in several Bridgestone ads for their GameOn promotion, Sony filed a lawsuit against Bridgestone Tires and Wildcat Creek, Inc. Who is Wildcat Creek? They are an advertising firm that is run by Jerry Lambert, the actor who plays Butler.
The GameOn promotion, which Bridgestone and Wildcat Creek are running, gives Bridgestone customers the chance to win a $70 American Express gift card or a Nintendo Wii system. The commercials for the promotion feature Lambert standing there in a lab coat watching people play the Wii. According to Sony, this violates the contract they have with Lambert. Sony released the following statement about the suit:
“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.”
Now, I have seen some of these commercials. At no point do I look at these commercials and think, “Huh, this must be a Sony commercial,” because Kevin Butler is in it. I don’t even really see the guy as Kevin Butler. He’s a tire scientist. He’s barely given any lines. This suit is kind of bullshit, but whatever.
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