Bridgestone claims Kevin Butler not in their commercial

Tire manufacturer admits Jerry Lambert appeared in advertisement, but not PlayStation product pitcher Kevin Butler.

Tire manufacturer Bridgestone has denied that Kevin Butler appeared in a commercial that recently drew a lawsuit from Sony. Court documents obtained by The Hollywood Reporter affirm that Jerry Lambert--the actor who portrayed Kevin Butler in a series of PlayStation commercials--appeared in the ad, but deny any wrongdoing.

"Mr. Lambert is one of the actors who appeared in the commercial as a Bridgestone engineer," Bridgestone said. "Bridgestone denies that 'Kevin Butler' appears in the Bridgestone commercial discussed herein and thus denies that he speaks or does anything whatsoever in the commercial."

The documents go on to explain that Bridgestone plans to fight the lawsuit by making clear Sony held no mark for "Kevin Butler" and that there is no likelihood of confusion.

Sony's lawsuit against Bridgestone originated from an advertisement in which Lambert was shown playing Mario Kart Wii, a product of PlayStation competitor Nintendo. This advertisement has since been pulled. Sony's suit claims Bridgestone's use of the Kevin Butler character is a misrepresentation of Sony intellectual property and in fact has caused the publisher damages.

"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," Sony said in a statement. "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."

Eddie Makuch
By Eddie Makuch, News Editor

Eddie Makuch (Mack-ooh) is a News Editor at GameSpot. He lives in Connecticut, works out of the company's New York City office, and loves extra chunky peanut butter.

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Vodoo 568 pts

Another waste of taxpayer dollars at work here. Thanks for wasting my money Sony.

Vodoo 568 pts

So Sony is saying that this actor can't have a life outside of Playstation? Yep, that sounds like Sony alright.

Thanatos2k 149 pts

I wonder if Mark Hamill likes Star Trek.

hatieshorrer 52 pts

Rules of the Colt of Sony

 

First Rule: Sony is not a Colt its a company

 

Second Rule: Nobody promotes a competitors products

 

Third Rule: Nobody leaves even if let go by the colt

Kracka2205 16 pts

 hatieshorrer Like a Colt .45?

hatieshorrer 52 pts

 Kracka2205 

Yeah I screwed up big time.

wyan_ 135 pts

 hatieshorrer  Kracka2205 Huly crap did you ever!

DESTROYRS_F8 43 pts

 hatieshorrer Cult as in horse?

SolidTy 1053 pts

 hatieshorrer Derp herp, rules of the horse of Sony. It didn't make sense or was funny anyways, even if you used the right word, cult. The fact you misspelled just saves everyone a lot of time from reading the rest.

Bl4KD37H 154 pts

They should sue sony for being arrogantly stupid 

Ducez_III 88 pts

I don't think they're suing for Kevin Butler, they're suing for Jerry Lambert's face.

dreamfist11 316 pts

 Ducez_III I like your avatars face, otobi

McNeelyJ39 17 pts

Given that his contract with Sony was over I don't see the issue with this.

happyfatman021 6 pts

Jerry Lambert is an actor. Actors play many characters in their time. Even if he was under contract with Sony, this is not the issue that Sony is choosing to address, so I have a feeling that this is not really an issue at all. The issue is that they think that he is playing the same character in two different commercials for two very different companies. That's absurd.

Shredwolf 22 pts

Aren't we all tad quick to jump on Sony hate bandwagon? Sure, they made some stupid decisions and have problems with overpricing but here it was clear Bridgestone was testing how far they can go by pulling a Wii on it. Someone mentioned it already but I don't see how the game console can even appear on a tire ad when it could've been him about doing any other things. **

hitman047m4 266 pts

Shredwolf

No offense and I am not trying to be rude, but stating an opinion other than what Sony and Sony's lawyers is not jumping in the Sony hate bandwagon.

 

The nature of the lawsuit is not actually about Jerry Lambert endorsing a Wii in the Bridgestone ad, or something similar; however, Sony file this lawsuit because of an Intellectual Property and Trademark infringement, meaning (if I am correct), that both Bridgestone and Wildcat Creek (specially since JL own it I believe) were using Sony's intellectual property on the ad.... and yes, that IP/Trademark was Kevin Butler, which cannot be found in the ad that created the problem. Jerry Lambert is on the ad, but no Kevin Butler persona can be found on it.

 

http://bit.ly/Q24C2u

http://bit.ly/R9sYaa

hatieshorrer 52 pts

 Shredwolf 

I think its funny how you make this sound like poor Sony is being picked on by Jerry Lambert and Bridgestone.

 

The CEO of Nintendo North America Reggie Fils-aime was asked if he would buy the next Call of Duty even though it wasnt released on a Nintendo console.  He said he would and he buys every major franchise.  He also said he was impressed by Little Big Planet.  Are you saying Nintendo should sue Reggie for saying these things.

 

Your so obsessed with cradling Sony that you havent considered how Jerry Lambert is affected.  No one will hire him for fear that he might offend Sony and have to prepare for a lawsuit.

urysohn 5 pts

They should have dyed his hair and given him some facial hair.

electro57 108 pts

Kevin Butler: VP of "this is not the Kevin Butler you are looking for".

Mersinary_Myth 28 pts

Jerry Lambert has a contract with Sony  and is shown in a commercial playing a wii. Kevin butler is the fictional character that he plays. so he will be held account for breaking his CONTRACT that is what this is about. not Sony vs Nintendo. 

SeAzhrei 31 pts

@Mersinary_Myth Certainly it has nothing to do with Nintendo. It has to do with the lawyers of a major company needing to have their heads pulled out of their collective rectums on a bimonthly basis and be told they do not in fact own the world despite having signed their names on it with a sharpie. Also since you're apparently familiar with it what part of his contract states that he can never play video games ever? Because keep in mind should anyone ever SEE him do so, that act could be easily misconstrued; should Sony ever decide to do so.

Mersinary_Myth 28 pts

 SeAzhrei  Mersinary_Myth I'm not saying i read his contract but it is common that when your understand a contact like his you show yourself  tv, ect. using the competitors products. do i agree with how this crap work hell no. but i understand it.  I bet you there were people who actually thought he worked for sony. my point is that  even though its a stupid situation.  should of known this would happen.  i has happen to other people too. 

Mersinary_Myth 28 pts

(bad grammar) under a contract it is common that you dont use the competitions product on tv,, ect.

hitman047m4 266 pts

 Mersinary_Myth  SeAzhrei Not trying to be rude towards you, but just read the part that says Nature of the Lawsuit: http://bit.ly/Q24C2u

digitaltiger 190 pts

Sony just keeps spiralling down and down, instead of focusing on what sells their product they focus on immature lawsuits.

Ansem_Rev 11 pts

Kevin butler makes fun of Nintendo but then plays a Wii ... Why am I not surprised? It's not like Sony rips off all of nintendos ideas o wait they do.

comb5 191 pts

 Ansem_Rev "Kevin Butler" is not a real person, he's a character portrayed by an actor... -_-

legolas506 83 pts

 Ansem_Rev "Jerry Lambert--the actor who portrayed Kevin Butler in a series of PlayStation commercials"

Valen_Ca 124 pts

You know, if Sony was clever and had a sense of humour they could have just said that Butler has gone undercover to investigate their competition when it was brought to their attention that Lambert was in the ad, hell that might have even won them a few fans.

SeAzhrei 31 pts

@Valen_Ca "if Sony" "had a sense of humour". Thats all you really had to say. Sadly there's not a single accountant on the planet that could even read that sentence.

xtraflossy 36 pts

Little different then any other actor tipping their hat at an old popular role they used to play.

Dogeatr00 13 pts

Good job, Bridgestone, for fighting back. This whole argument... is futile.

AmnesiaHaze 206 pts

now everyone knows about this ad , great job sony for increasing the prublicity :D

emgesp 25 pts

Kevin butler just wears a button down and tie. Jerry has a Bridgestone coat over what he's wearing. He isn't at all acting like a Vice President in the Bridgestone ad. 

emgesp 25 pts

Did he get the job under the name Kevin Butler? If not then Sony isn't getting squat. I'm pretty sure he used is own name when he signed up for the role.

tightwad34 440 pts

Well, you know what, I wasn't in the commercial either so I shouldn't be worrying about getting  sued.

sasami_adachi 227 pts

Did the venerable VP not mention at the E3 2010 Sony Press Conference that, in spite of the fact that we may pledge fanboy allegiance to different flags, deep down we all serve the one and only master: gaming? Oh Kevin, you should have been more careful, because that line apparently only applies to that one press conference. ;)

 

I bet the actor didn't think much of it at the time when the commercial was filmed, just like that time when he accidentally retweeted the PS3 jailbreak code. Is this the reason we haven't been graced with more of Kevin Butler's awesomeness in quite some time?

FusionRain 96 pts

Damn that sucks! Sony has every right to sue. Likeliness of winning is another story.Even though he doesn't say Kevin Butler they did lie in saying he said nothing or did anything. http://www.gonintendo.com/?mode=viewstory&id;=184686Here is the clip and this is very Kevin Butler like. Sony did create and dose own that character and even though they don't come right out and say it's Kevin Butler, there is enough evidence or "coincidence" this portrayal.He even is all hype and talking about the game as if he was Kevin Butler "like". There is chance that this could go threw because of him even playing a similar character. That could provide confusion in thinking that hey, Kevin Butler isn't just for PlayStation!? I do understand why they would file this and it's not a secret. They do have reasons and good enough for them to peruse them. Letting it know publicly is where the shhhh hits the fan. Now you got people like the people here taking off the moral and reputation of the company once again. Even though I don't think this will pass it's like allot of you have been saying. it's just stupid. Someone should lose their job, not for the whole case but for letting it get this far.

musalala 247 pts

Does this mean the Domination Continues?

Jaxith 108 pts

Sony did a good job on the Kevin Butler character, and Jery Lambert did a wonderful job portraying him.  Those commercials were actually alot of fun to watch, so I think that alone makes them a success in advertising.  But I don't think there's any justification for Sony throwing down over this Bridgestone thing.  It's not like Mr. Lambert was advertising the Wii, or directly working with Nintendo.  He was in a commercial to sell tires.

 

I can full well understand the cause for concern, but I think there needs to be a line, and this Bridgestone commercial was in the right of it, albeit just barely.  I don't think it's fair to try and limit the guy's job options too severely.  I can understand Sony not wanting him to be in a Wii, or Xbox commercial, but a tire commercial with a wii in it is another thing entirely.  Heaven forbid Mr. Lambert is ever caught in public playing a DS...

The_Last_Paladi 29 pts

 Jaxith Playing devil's advocate here (not saying I'm agreeing or disagreeing cause I don't really know the law in this case) I think this wouldn't have been an issue at all if his character wasn't playing the Wii.  Even though he's playing as an engineer in this commercial, I do find it rather peculiar that they would portray his character playing a videogame, which we all pretty much know him from the Playstation commercials.  That seems too coincidental for Bridgestone tires to not knowingly use his videogame-related fame from another commercial to tie him with playing the Wii on this commercial, and in this situation I think Sony very well may have a case.

Jaxith 108 pts

 The_Last_Paladi

 Fair point.  On the other hand, I do feel like the setup for the commercial did make sense.  Having the older gentleman on the sidelines talking about the tires while having the two comparatively younger engineers geeking out over a video game worked.

 

I actually think that having "Kevin Buttler" not playing the game would have drawn even more attention to it, since then he'd be the one with most of the speaking lines, thus gaining more personal attention.

PSYCHOV3N0M 88 pts

 The_Last_Paladi  (-__-) The commercial NEVER used Kevin Butler nor mentioned his name. It's JUST the actor that was used.

Slaid_Nonborn 5 pts

Its kinda funny though everyone talking bout the contract of the actor...it has NOTHING to do with this case. A breach of contract suit would be directed at Lambert not Bridgestone. Sony is gonna lose and its gonna hurt them and I'll laugh it up.

FallenOneX 299 pts

 Slaid_Nonborn Actually, it has everything to do with this case. The commercial never alluded to the fact that Lambert was playing "Kevin Butler" at all. Like I said in another post, it would be like Marvel suing DC because Ryan Reynolds was GL after he played Deadpool. If they want to go after someone, it should be Lambert, and they should lose that case as well unless it's in his contract to never be associated with another console manufacturer.

Jd1680a 38 pts

Sony is going to lose this case. They have no proof against Bridgestone.

Zero_Echo 8 pts

 Jd1680a I have to disagree with you, since Lambert is in a Bridgestone commercial...and he's playing "video games".....pretty "proof positive" stuff

PSYCHOV3N0M 88 pts

 Zero_Echo  Show me the PROOF where Kevin Butler is mentioned at all in this commercial. It was JUST the actor that was used, nothing more (-__-)

bwvictorious 5 pts

 PSYCHOV3N0M  Zero_Echo So if i put a character that looks like mario, moves like mario, talks like mario but I never call him mario (or any other name) its not mario?

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