Sony Sues Playstation Spokesperson Kevin Butler

[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.





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.





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.