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Forums - Sony Discussion - Sony Computer Entertainment America LLC v. Bridgestone Americas Inc

Then I think Bridgestone has nothing to fear.  But Jerry Lambert can be in trouble .

There must be a clause in his contract with Sony which doesn't allow him to be part of commercials that directly or indirectly promotes competitors.

honestly, I can't believe Sony would not include this clause in a contract. But at the same time , I can't believe Jerry and Bridgestone would not be aware of it.



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fillet said:
Adinnieken said:
There are actually two defendants, Wildcat Creek, Inc. and Bridgestone. The former is headed by Jerry Lambert who is the actor that portrays Kevin Butler.

So, "Kevin Butler" has been sued by Sony.


Wildcat Creek inc is the advertising company used by Bridgestone for the commerical.

http://www.corporationwiki.com/California/Sherman-Oaks/wildcat-creek-inc/44931717.aspx



fillet said:
kowenicki said:

Not really up on US law parlance, but doesn't the second document basically say its been resolved out of court to be confirmed by Oct 12th latest.

 

Or does that just mean that Bridgestone will be allowed to present a defence.


No I think it means that the prcoess of initiatiing the case has begun and the defendant has been contacted, "discovered".

When the defendant has been contacted they are served.  When a person is served, they are presented with a subpoena and a copy of the original filing by the plaintiff which will include the claims being made by the plaintiff, essentially their case against.  

Discovery is the pre-trial process where the plaintiff and defense obtain evidence.



This is hilarious xD



Nintendo and PC gamer

kowenicki said:
Adinnieken said:
fillet said:
Adinnieken said:
There are actually two defendants, Wildcat Creek, Inc. and Bridgestone. The former is headed by Jerry Lambert who is the actor that portrays Kevin Butler.

So, "Kevin Butler" has been sued by Sony.


Wildcat Creek inc is the advertising company used by Bridgestone for the commerical.

http://www.corporationwiki.com/California/Sherman-Oaks/wildcat-creek-inc/44931717.aspx


So Sony are suing Kevin Butler. Such delicious irony. It finally got funny again. 

Yes.

Honestly, I just think this is Sony butt-hurt. 

Sony cannot unreasonably restrict Jerry Lambert from performing his job.  Usually contract terms can't survive in perpetuum once a contract has been terminated.  Most terms of separation (non-compete clauses) can only last for 6 - 12 months.  It's possible that Sony has obligated Lambert as a clause of another portion of his contract, let's say he receives royalties for the continued use of his image, so long as he does not promote another console. 

While that may be in his contract, it is also entirely possible that a judge may be determine that clause invalid if it's unfairly restrictive.

From watching the original commercial, Lambert, who had appeared in previous Bridgestone commercials as the same character, was simply portraying the same character in a commercial advertising a Bridgestone promotion.  He wasn't directly promoting the Wii.

Having said that, Bridgestone, in removing Lambert from the commercial, apparently agreed with Sony.  Not sure if they felt Sony was correct or if they just did it to prevent this crap.  I'm sure it was cheaper to edit the commercial rather than go through a lawsuit.  As well, since Bridgestone already did this, have they resolved the dispute?

In most cases, if you rectify the claims before trial, you can avoid trial.  I suppose it would be interesting to find out what damages Sony is claiming to continue the case. 



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Smeags said:
Everything is going according to plan...

?

Sony's plan to break into the Tire Industry, or Ishibashi's plan to capture the ailing tech giant?



Monster Hunter: pissing me off since 2010.

Kresnik said:
Max King of the Wild said:
Sigh... didn't bridgestone cut him out? Sony should have appreciated that.


The fact that they have cut him out could well be a sign that Sony did have some kind of contract with the actor which he could be seen of being in breach of by appearing in those Bridgestone commercials.  

Although if that was the case, why they're going after Bridgestone instead of him I do not know.

Seems kinda silly!

Kevin Butler

VP of diplomatic immunity



Sony should accept terms for Lambert to play Kevin Butler again, except bring back that FBI-esque power of playstation commercial and have Kevin Butler be a captured specimen they run experiments on.



Before the PS3 everyone was nice to me :(

The fact Jerry was in that commercial hurts the PS brand which he advertised as Kevin Butler. I am pretty sure Sony has clauses against this and Jerry should have known that from jump. Why would he even do a commercial that puts him at odds with his other job. Basically it is moonlighting for the enemy. He kinda deserves to get sued for this...but I hope they can come to a swift agreement and get him back into advertising Playstation.



      

      

      

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I want to see the commercial but every where I look have it removed damnit



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