fillet said:
Ahhhhh I dunno, what's real and what isn't / just don't know anymore!!!
...I'm not sure which side of the fence your on with this, my thinking though is that Jerry Lambert was employed to portray a character that Sony may or may not have the rights of "likeness" to. However, and I wasn't aware of this, someone here has said that Jerry Lambert has portrayed this character before but without the Kevin Butler name for the "Holiday Inn" chain. If that's the case, then it's possible Jerry himself owns the rights to the likeness of Kevin Butler, but obviously not the name itself. The name itself wasn't used in the Wii advert. It's arguable the likeness wasn't ever as that could just be "Jerry Lambert" being "Jerry Lambert". There was no "spokesman" in my view, the idea of Jerry or Kevin Butler being a "spokesman" is just marketing spin in a fictional advert universe created to sell more PS3s... In all honesty I don't really know who's right and who's wrong, but I can only really say from a common sense point of view it wasn't really a fight worth fighting for Sony because 1. Damage has already been done and 2. Aggresively defending a copyright of this nature isn't going to win friends 3. Makes company look petty and arrogant 4. Reminds people that "Kevin Butler" isn't real....I mean the list goes on, Sony is known for suing everyone in sight and not being particularly customer friendly with some of their policies. Going at something so trivial as this with a chainsaw is just re-affirming people's beliefs that Sony is run by people in black suits devoid of personality and with blood at about room temperature. |
Likeness wouldn't really fit... I mean, he doesn't even wear the same clothes.
Unless the arguement is that sony can trademark a dudes real life face.
Which is ridiculious.
As for the Holiday Inn stuff.... you tell me.
Same thing right?
