Sony Sues Playstation Spokesperson Kevin Butler

[The 1 2 P]

So technically they are sueing the actor who plays Kevin Butler because he appeared in a promotion where you could win one of their rivals products, an Nintendo Wii (http://www.gamesindustry.biz/articles/2012-10-08-sony-sues-kevin-butler-actor-for-breach-of-contract?utm_source=newsletter&utm_medium=email&utm_campaign=us-daily), for a tire ad. Actually, three parties are being sued. As they say, all good things must come to an end.

[joshnickerson]

Probably safe to say we won't be seeing him in a Playstation ad again anytime soon... not that he's probably WANT to after this.

I mean, Sony, REALLY? Have things gotten so bad for you that you've gotta sue an actor to get some extra cash?

[SpaceHarrier]

Was there a genuine following for this guy? I thought he was an annoying mascot..

[Hwj_Chim]

Probably safe to say we won't be seeing him in a Playstation ad again anytime soon... not that he's probably WANT to after this.

I mean, Sony, REALLY? Have things gotten so bad for you that you've gotta sue an actor to get some extra cash

This is what I was thinking. All they had to do was fire him if they did not like what he didO_O

[Schiggidyd]

Never liked Sony, never will.

[Collector_Gaming]

Good old greedy corportations. Do anything to make an extra buck

[InsaneDavid]

Reaction to this pretty much everywhere has really surprised me. If he violated his contract then Sony has every right to sue.

[JSoup]

Was there a genuine following for this guy? I thought he was an annoying mascot..

I liked him. Was sad when they stopped running the commercials some time last spring.

[Gameguy]

Sony is suing him for using the Kevin Butler character to promote a competitor's product, he didn't use that character so this doesn't make sense. Sony hasn't used him in commercials since late 2011, they should just leave him alone for working.

Here's the original ad by the way. It's pretty hard to find now as it's been removed from youtube.
http://www.gonintendo.com/?mode=viewstory&id=184686

Here's an updated version of the commercial, they edited him out.
http://www.youtube.com/watch?v=M9WRGjODZDQ

[InsaneDavid]

Sony is suing him for using the Kevin Butler character to promote a competitor's product, he didn't use that character so this doesn't make sense. Sony hasn't used him in commercials since late 2011, they should just leave him alone for working.

Until his contract is disclosed you can't say if he is or isn't in violation. It's very possible there's something in there that prevents him, in any capacity, from being in advertisements with a competitor's product until X amount of time has passed.

[RCM]

Reaction to this pretty much everywhere has really surprised me. If he violated his contract then Sony has every right to sue.

Just because a company can sue doesn't mean they necessarily should. I've been involved in instances where it was better to work something out behind the scenes than face the potential PR and financial nightmares. It'll be interesting to see what the terms of his contract are/were.

[InsaneDavid]

Just because a company can sue doesn't mean they necessarily should. I've been involved in instances where it was better to work something out behind the scenes than face the potential PR and financial nightmares. It'll be interesting to see what the terms of his contract are/were.

I understand that but there has to be money to be made here, easy ironclad money, to pursue this.

[kedawa]

It's Sony's lack of creativity that is most disappointing.
Instead of suing him, they should have brought him back as a spokesperson and made some joke about how the competition has to give their stuff away with automotive supplies,

[RCM]

I understand that but there has to be money to be made here, easy ironclad money, to pursue this.

I doubt it's as 'ironclad' as it seems. Anyway, if this is Sony's new way of making money consider me scared...

[The 1 2 P]

If he violated his contract then Sony has every right to sue.

I understand what you're saying but from the outside looking in a few things are apparent:

1.) He is not "using" the Kevin Butler character in that commercial, just his own likeness and he's never named on screen.
2.) He isn't promoting going out and "buying"(thus not competing) a Wii, his company is saying that a Wii is just one of the prizes of the promotion.

and the biggie....

3.) He is not working for or promoting Nintendo as a company.

So based on that alone he might be able to sidestep the non-compete clause that most companies have in place preventing you from working for rival companies, although I'm obviously no expert. Of course we have no idea what was in his contract but I see it as an actor just doing his part to continue to get work so that he can make a living. And I think Sony could have handled this alot better in several different ways other then sueing him.

[Gameguy]

I read that his exclusivity contract expired 3 days before that ad first aired.

http://www.nintendolife.com/news/2012/10/bridgestone_responds_to_sonys_kevin_butler_lawsuit


After the initial reaction to the news of the lawsuit, further details are coming to light. For one thing, The Hollywood Reporter has looked into details and discovered that Jerry Lambert did have an exclusivity agreement to not promote products rivalling Sony's systems, but that it expired three days before the infamous Bridgestone advert first aired. Sony's contention is that Lambert first appeared in a Bridgestone advert in February 2012, so is citing that to get around the issue of the expired exclusivity contract. Bridgestone is naturally contesting this, specifically on the grounds that it's not Kevin Butler in the advert in any case, but merely the actor in a different role.

[kedawa]

I guess Sony's in the tire business?

[dgdgagdae]

I actually liked the Kevin Butler character, he made me laugh. I especially liked his stuff with Joe Mauer. Seeing the same actor portraying that whiney little guy in the Bridgestone character made me a little sad.

[kupomogli]

There has to be some validity to the lawsuit if they remade the entire advertisement and made another character.

The other Bridgestone ad he was in, the one testing out the football, etc. I wouldn't say that was damaging to Sony as a company, but being in a commercial that promoted their competitors gaming device seems pretty damaging. Sony pushed a lot of money into Kevin Butler as a character. Jerry Lambert starred in around 10+ Sony commercials and one of Sony's E3, so for the past few years, there have been a lot of fans that have seen him as the face of Playstation.

Here's a video that shows most of Kevin Butler's advertisements. It's missing atleast two though. The Gran Turismo 5 advertisement and the Marcus PSP advertisement he was in.

http://www.youtube.com/watch?v=ukgISn3P2nQ

[Gamevet]

The first time I saw that commercial, I said to myself: "WTF is Butler doing in an ad pimping the Wii U?"

[Bojay1997]

The first time I saw that commercial, I said to myself: "WTF is Butler doing in an ad pimping the Wii U?"

Which in all honesty is probably the basis of the claim. Even though the exclusivity period lapsed, Sony will likely argue that the actor is so closely associated with the Butler character and Sony video games that simply using him in another ad for a competing product harms them and their brand and that the efforts by the tire company were a deliberate and intentional attempt to do so. Yes, it's a hard case to make, but their intent is probably to get the ad pulled (which succeeded) and scare the actor and more importantly other brands away from using him in connection with video game products.

[Gameguy]

Plenty of characters have been portrayed by several different actors, it wouldn't be fair to say that only Jerry Lambert could be associated with this character and his appearance would only be recognized in this one role. How many people played James Bond over the years? Nobody gets confused with that character being played by another person, or seeing those actors playing other roles. If Sony didn't want him doing other advertisements they should have renewed his contract.

[Bojay1997]

Plenty of characters have been portrayed by several different actors, it wouldn't be fair to say that only Jerry Lambert could be associated with this character and his appearance would only be recognized in this one role. How many people played James Bond over the years? Nobody gets confused with that character being played by another person, or seeing those actors playing other roles. If Sony didn't want him doing other advertisements they should have renewed his contract.

While I agree with you from a reasonable person standpoint, there is unfortunately a pretty good history of companies filing suit over things like this and getting the advertising pulled. While Sean Connery can act in many different movies or do television and commercials, if he showed up in a suit standing in the James Bond pose with a walther PPK in his hand while advertising dog food, you can bet that the James Bond rights holders would file suit immediately and could probably enjoin him from doing so in the future. I would also note on a personal level, when I saw the commercial I immediately assumed it was some kind of Sony Playstation spoof. I have several friends who make their living as actors in commercials and I can tell you that when you get to that level of being the face of a brand, the money is unbelieveable, but it can really ruin your ability to get other work, fairly or unfairly.

[Tanooki]

Perhaps so with Bond but Lambert there showed up just as himself. Kevin Butler is a fantasy in street clothing so basically Sony is trying to say if Lambert ever shows up in public again in normal clothes touching anything but a Sony item they're going to get sued. Sony doesn't own Lambert's face so it's a bit of a stretch.

[Bojay1997]

Perhaps so with Bond but Lambert there showed up just as himself. Kevin Butler is a fantasy in street clothing so basically Sony is trying to say if Lambert ever shows up in public again in normal clothes touching anything but a Sony item they're going to get sued. Sony doesn't own Lambert's face so it's a bit of a stretch.

No, but Sony does own the character Kevin Butler and arguably, a guy that looks identical to Kevin Butler with the same exact voice, haircut, etc... playing video games could lead to confusion among the public about the origin of the product being advertised. Like I said, I understand and sympathize with the other side of the argument, but thinking this is just a frivolous claim by Sony is a huge mistake.

[kupomogli]

Perhaps so with Bond but Lambert there showed up just as himself. Kevin Butler is a fantasy in street clothing so basically Sony is trying to say if Lambert ever shows up in public again in normal clothes touching anything but a Sony item they're going to get sued. Sony doesn't own Lambert's face so it's a bit of a stretch.

So you're saying James Bond is real?

[Gameguy]

While Sean Connery can act in many different movies or do television and commercials, if he showed up in a suit standing in the James Bond pose with a walther PPK in his hand while advertising dog food, you can bet that the James Bond rights holders would file suit immediately and could probably enjoin him from doing so in the future.
It's kind of funny but something similar already happened.


http://i49.tinypic.com/16i8nrb.jpg


He's still playing James Bond but this film wasn't official and by this point Roger Moore was playing the role in the official/cannon films. It came out the same year as Octopussy, and originally it was supposed to be released at the same time as Octopussy but the release date was changed. It was almost a Bond film in direct competition with another Bond film.

[Bojay1997]

It's kind of funny but something similar already happened.


http://i49.tinypic.com/16i8nrb.jpg


He's still playing James Bond but this film wasn't official and by this point Roger Moore was playing the role in the official/cannon films. It came out the same year as Octopussy, and originally it was supposed to be released at the same time as Octopussy but the release date was changed. It was almost a Bond film in direct competition with another Bond film.

Actually, it was an "official" Bond film, it just was from a different producer/production entity. One of the writers of Thunderball apparently had film rights to the underlying literary material. MGM which owns the Bond film rights now owns this one as well.

[Aussie2B]

I guess 1-800-dentist better sue that one lady for pitching fiber bars and dog food and a million other products.

This is just stupid. He wasn't playing the character, and he was working for a tire company, not a competitor in the video game industry.

I think the stupidest part, though, is that people actually see this doofus as a Sony figurehead. It was a lame, completely unmemorable ad campaign. I'm pretty sure I saw this tire commercial before and it didn't even register in my brain that he had done ads with Sony. Now that there's all this hoopla, yeah, his face looks familiar and I can vaguely remember the PlayStation ads. I sure as hell, though, wouldn't have remembered the character's name or associated him with the Sony brand. I'm amazed that anyone fondly remembers such a lackluster ad campaign.

[Bojay1997]

I guess 1-800-dentist better sue that one lady for pitching fiber bars and dog food and a million other products.

This is just stupid. He wasn't playing the character, and he was working for a tire company, not a competitor in the video game industry.

I think the stupidest part, though, is that people actually see this doofus as a Sony figurehead. It was a lame, completely unmemorable ad campaign. I'm pretty sure I saw this tire commercial before and it didn't even register in my brain that he had done ads with Sony. Now that there's all this hoopla, yeah, his face looks familiar and I can vaguely remember the PlayStation ads. I sure as hell, though, wouldn't have remembered the character's name or associated him with the Sony brand. I'm amazed that anyone fondly remembers such a lackluster ad campaign.

I guess it must depend on where you live because in Southern California, Sony was running his spots on MTV and lots of other channels and I would see them almost daily whenever a new game or other major Sony initiative was happening. Personally, I loved the campaign and I loved the character and every time I see him on a television show like Shameless last year and others, I instantly think Kevin Butler.

[Gameguy]

Actually, it was an "official" Bond film, it just was from a different producer/production entity. One of the writers of Thunderball apparently had film rights to the underlying literary material. MGM which owns the Bond film rights now owns this one as well.
They had the legal right to make the film so it's a James Bond film, but it isn't considered "official" as in cannon like the rest of the films. It's as official as the 1967 Casino Royal starring David Niven, Woody Allen, and Peter Sellers.

[Emperor Megas]

Am I the ONLY guy here who wouldn't remember this guy if I saw him? I've seen about 2 commercial with him in it, and I remember thinking that they were funny, but I never knew his name (the character or the actor) and had no idea he was a big thing.

I can't remember ever seeing more than maybe 4 PlayStation3 commercials of ANY kind (for the system I mean, not the games).

[thegamezmaster]

Sony sounds like Atari when Warner took over!

[Gamevet]

Am I the ONLY guy here who wouldn't remember this guy if I saw him? I've seen about 2 commercial with him in it, and I remember thinking that they were funny, but I never knew his name (the character or the actor) and had no idea he was a big thing.

I can't remember ever seeing more than maybe 4 PlayStation3 commercials of ANY kind (for the system I mean, not the games).

He was on stage at E3 a couple of years ago. The commercials were pretty popular, enough that you could download them on PSN and view them on YouTube.

A stick man!

[Queen Of The Felines]

I honest-to-God thought that all this "Kevin Butler" talk was about the Chicago Bears player. I was wondering why he was a pre-order bonus racer in Little Big Planet Karting.

[dgdgagdae]

I guess it must depend on where you live because in Southern California, Sony was running his spots on MTV and lots of other channels and I would see them almost daily whenever a new game or other major Sony initiative was happening. Personally, I loved the campaign and I loved the character and every time I see him on a television show like Shameless last year and others, I instantly think Kevin Butler.

I agree completely. I thought he was pretty funny, and they ran the commercials like crazy here in North Texas.

[TonyTheTiger]

It's funny when you see the episodes of that show Scare Tactics he starred in. "Why is Kevin Butler the leader of an evil cult?" "Why is Kevin Butler holding a woman hostage?" It makes an otherwise awful show very amusing. It's possible he's the one who severed ties with Sony for that very reason. Typecasting can be a bitch.

[Tanooki]

See that's the problem. 'Kevin Butler' had no uniform, no special look, it just was the actor(pr firm owner) going out there just as himself in normal business attire and being a funny bastard propping up Sony stuff and doing a damn good job of it and very often on tv (I'm still currently in SoCal for a little longer.)

That said Jerry there again shows up as himself with his face, his hair, his typecast self in a lab coat and that is the issue. Kevin Butler didn't have dyed hair for the ad or a funny Sony uniform of mascot. So basically Sony is making the claim that if Jerry shows up as how he looks normally, he automatically is Kevin Butler so if a Wii or a 360 is anywhere within X feet of him, his ass and whoever he is employed by gets sued too. It's a dangerous argument and a very slippery slope because if Sony did win this, other companies could then abuse people who look like themselves who pop up elsewhere. Maybe if Subway's Jared gets bored and then decides to get into ad work and somehow ends up in a Quizno's ad as a nameless dork munching a sammie they'll have to sue Jared and Quiznos for being in their ad despite his 'face' being the one of Subway for a decade. It's just stupid. I mean, does Jerry there have to get $10K of plastic surgery and change his face so Sony will fuck off and grow up so he can find work without being legally raped?

[Bojay1997]

See that's the problem. 'Kevin Butler' had no uniform, no special look, it just was the actor(pr firm owner) going out there just as himself in normal business attire and being a funny bastard propping up Sony stuff and doing a damn good job of it and very often on tv (I'm still currently in SoCal for a little longer.)

That said Jerry there again shows up as himself with his face, his hair, his typecast self in a lab coat and that is the issue. Kevin Butler didn't have dyed hair for the ad or a funny Sony uniform of mascot. So basically Sony is making the claim that if Jerry shows up as how he looks normally, he automatically is Kevin Butler so if a Wii or a 360 is anywhere within X feet of him, his ass and whoever he is employed by gets sued too. It's a dangerous argument and a very slippery slope because if Sony did win this, other companies could then abuse people who look like themselves who pop up elsewhere. Maybe if Subway's Jared gets bored and then decides to get into ad work and somehow ends up in a Quizno's ad as a nameless dork munching a sammie they'll have to sue Jared and Quiznos for being in their ad despite his 'face' being the one of Subway for a decade. It's just stupid. I mean, does Jerry there have to get $10K of plastic surgery and change his face so Sony will fuck off and grow up so he can find work without being legally raped?

Well, while I think you raise some interesting points, the other side of it is that Sony has invested millions of dollars in creating and promoting this character in connection with their brand and other advertisers are probably paying him a relatively small amount of money to appear in their commercials and trading on the good will and association with video games that the Kevin Butler character brings to the table. This kind of dispute happens all the time and frankly, the tire company already pulled the ads, so this will probably be settled out of court for little or no money and in the future, the actor's agents will be more careful about what they book him for.

[Hep038]

Not surprised that the minority of the responses are dealing with the legal business aspect while the majority are emotional ones. Especially when it involves Sony and Nintendo on this message board.

[kedawa]

Considering what a sad joke our legal systems are, I don't see how that's a bad thing.

[Robocop2]

I find it humorous that the preview of this thread on the main page read "Sony sues Playstation"

[sheath]

I find it humorous that anybody at_all finds Sony behaving this way odd or out of the ordinary. I know people haven't been paying attention to their corporate shenanigans since before they got into the game industry, but why is them suing their own fake executive a surprise?

[The 1 2 P]

If theres one small piece of good news for Sony in all of this it's that they still have Marcus (http://www.youtube.com/watch?v=ZjlN25X8XNs). Staying true to the Psp's slogan Sony needs to step their game up and get Marcus to take over full time as the PS3 spokesperson.

[Gamevet]

If theres one small piece of good news for Sony in all of this it's that they still have Marcus (http://www.youtube.com/watch?v=ZjlN25X8XNs). Staying true to the Psp's slogan Sony needs to step their game up and get Marcus to take over full time as the PS3 spokesperson.

Oh no! Marcus could pimp the $129 PSP, but they'll have to bring someone in with a name like Trevor. Trevor will make fun of the poor kids that couldn't afford a Vita and are stuck with a 3DS.

[The 1 2 P]

And now Sony and Butler actor Lambert have settled (http://www.gamepolitics.com/2013/01/17/actor-jeremy-kevin-butler-lambert-settles-lawsuit-sony) out of court. So kind of a happy ending....even though they can no longer use the character outside of his name.

[dgdgagdae]

If theres one small piece of good news for Sony in all of this it's that they still have Marcus (http://www.youtube.com/watch?v=ZjlN25X8XNs). Staying true to the Psp's slogan Sony needs to step their game up and get Marcus to take over full time as the PS3 spokesperson.

I hadn't seen that. Damned funny.