'That isn't Kevin Butler', Bridgestone claims

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The fact remains, that Sony can't trademark Jerry Lambert's portrayal as Kevin Butler.

"Trademark only protects names and logo images that are used to label goods or services."

http://www.chillingeffects.org/trademark/faq.cgi#QID240

"Thus it is not merely having a description or depiction of a character, whether in text or graphic format, that matters. Instead, trademark rights depend upon having a character that is used in relationship to specific goods and/or services and which character is then deemed to be a “source identifier.” The latter term means that the character is considered in the minds of the public as identifying a particular source of the goods and/or services."

http://www.ivanhoffman.com/characters.html

The problem for Sony in this case is that both Gieco and Holiday Inn have prior use of Jerry Lambert as a nondescript while male. Since both Gieco and Holiday Inn have previously presented a character similar to Kevin Butler, Sony can't claim ownership of that trademark. US Trademark law doesn't care who registers a trademark, but who uses it first.

George Lucas can claim trademark ownership of Darth Vader, both as a character and as a name, because both were unique when they were first used. In fact, long after the fact, Lucas went back and trademarked several character names, planet names, even the word Droid. Anyone who knows their sci-fi knows "Android" was coined long before Star Wars came out, but Lucas' use of Droid in Star Wars was unique allowing him to trademark "droid". Thus the reason why you see on every Verizon Android commercial small print about trademark ownership for "Droid".

"The person who establishes priority rights in a mark gains the exclusive right to use it to label or identify their goods or services, and to authorize others to do so. According to the Lanham Act, determining who has priority rights in a mark involves establishing who was the first to use it to identify his/her goods."

http://www.chillingeffects.org/trademark/faq.cgi#QID52

Again, while Sony has a popular character with Jerry Lambert's portrayal of Kevin Butler, Kevin Butler is not unique (e.g. Darth Vader, Mickey Mouse, Spider Man). He is a nondescript while male in a dress shirt, slacks, and tie. A generic character that Jerry Lambert played in both his Holiday Inn and Gieco advertisements.

What Sony may have is a contractual claim, for which it appears that Bridgestone has removed Jerry Lambert from the commercial in an effort to appease the claim in the lawsuit, they're on a fishing trip if they believe they have a trademark violation.