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

forevercloud3000 said:
Kasz216 said:
forevercloud3000 said:
VicViper said:

IMPORTANT for the thread!

Sony comments on lawsuit against Bridgestone and Wildcat Creek
October 7th, 2012 Posted in General Nintendo, News, Posted by Valay | No Comments »

Unsurprisingly, Sony’s recent lawsuit against Bridgestone and Wildcat steps from the company’s dissatisfaction that actor Jerry Lambert appeared in the “Game On” commercial.

Senior director of corporate communications Dan Race provided a comment to GamesBeat. Race said that “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.

Sony Computer Entertainment America filed a lawsuit against Bridgestone and Wildcat Creek, Inc. on September 11. The claims are based on violations of the Lanham Act, misappropriation, breach of contract and tortious interference with a contractual relationship. 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. 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.”

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Bolded: Sony lost this. There's no mention of Kevin Butler in the ad at all - in fact I don't even know why people say it's similar (check this ad for similar: http://www.youtube.com/watch?v=XVBD8A8pAtU ) and it's not even an Wii Ad, it's a bridgestone ad featuring the Wii.

Seriously, they must lose... this is simply a dick move.

OMG, look at that. Exactly what I have been trying to tell all of you. It sounds far fetch but you CAN trademark a person's physical likeness and personality, media does it all the time. Had the Wii not been in the commercial this would not have been a breach, but it was so IT is.

Uh.  No you can't.  

Outside which, even if they wanted to trademark his physical apperance like if he was a cartoon person and that was legal, they would have to demonstrate "First use".

Which obviously he was in other commercials before.

 

I mean holy shit.  If you could trademark someones physical apperance, acting wouldn't be a career, because whoever you worked for first would own the rights to your apperance.

Yes, you can. These things are almost always under timed guidlines though, a few years and actors can do what they want. Depending on the contract you can completely ban an actor from appearing in certain mediums. In this case It doesn't seem to be THAT strict, simply that he can't advertise PS's direct competitors.......then he goes and advertises the Wii... :/


It became clear with this post after  the 3 or 4 before that you are making an argument to fit your decision. Not looking at the situation, coming to a conclusion based on points that can be argued.

Can you provide anything solid to show what you are saying is true apart from your gut feeling. My thoughts are quite the oppoiste of yours. For example, you say that Jerry can advertise anywhere he likes apart from a competing games console? How do you know that is the case? Sony are a diversified company, what if he was advertising, let's say basically any electronic device ever made (since they would be competing with Sony), along with maybe a film, considering Sony has a film studio, or maybe a financial product, considering Sony has a finance business... http://en.wikipedia.org/wiki/Sony#Business_units

So that's 1 point I'm interested in hearing your view on, another would be about the "timed guidline". Now, Kowenicki has mentioned that these things from his own actual experience are quite rare and can't last longer than 6 months from end of use. Considering Jerry hasn't portrayed his character in a Sony advertisment for at least 12 months, that's another point.



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fillet said:

6 months... at least 12 months

For Sony, everything is 10 years.



Galaki said:
fillet said:

6 months... at least 12 months

For Sony, everything is 10 years.

Smooooooth.



Pokemonbrawlvg said:

Sony: Official owners of Jerry Lambert's face and likeness 

 

Next up, Walmart ends up applying this principle to its greeters, to prevent them ever working for anyone else.  After all, they are the face of Walmart, when you go into a store.  So, become a greeter, stop working for them, and then then can stick a cardboard cutout of yourself in front of the store, not pay you and have you not work any place else.



Galaki said:
fillet said:

6 months... at least 12 months

For Sony, everything is 10 years.

It is like the communist 5 year plan, but Sony believes they are so future-proofed they can double the length of time.

And remember, in Russia, you don't own your image, your image owns you... and the state owns the image owning you.



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"sony is NOT suing jerry"

just because jerry is the CEO of Wildcat Creek, Inc advertising firm.

"Inc" see that people want to know why jerry put his company in a Inc? its very simple. Jerry is not being sued, and for a reason!

"Incorporation provides legal protection for business owners that no other type of business ownership can afford. Through incorporation, the assets of owners remain completely separate from the assets of the business thereby limiting the overall liability owners can face in the event of business failure. To meet the legal definition of a true corporation, certain conditions must be met, including regular meetings with a board of directors, accurately recording the minutes of all board meetings, issuing stock certificate of ownership and filing the necessary paperwork with the state on a annual basis. Failure to do any of these steps can negate the incorporation and pass liability directly to the owners."

let that sink in real good. Sony could not directly Sue Jerry only the Ad agency. And the case is being moved ex parte order anyway.

IE:

dismissal before the answer or appearance of the defendant(s).

which was in the legal doc.s for this case in reference 14 of the legal doc's. which the person who posted this already knew or posted it anyway. knowing full well it was being settled out of court!



I AM BOLO

100% lover "nothing else matter's" after that...

ps:

Proud psOne/2/3/p owner.  I survived Aplcalyps3 and all I got was this lousy Signature.

Did they already settle? Wow, that was fast!



Stwike him, Centuwion. Stwike him vewy wuffly! (Pontius Pilate, "Life of Brian")
A fart without stink is like a sky without stars.
TGS, Third Grade Shooter: brand new genre invented by Kevin Butler exclusively for Natal WiiToo Kinect. PEW! PEW-PEW-PEW! 
 


"Did they already settle? Wow, that was fast!"

 

read reference court case doc. 14 its right in the first link it already moved to ex parte  by plaintif.

all there needs by the court is update to the status of resolution to the ex parte, with Jerry being removed from the bridge stone ad its pretty much over with at that point, and the fact it was as of OCT 5th its most likely done in resolution.



I AM BOLO

100% lover "nothing else matter's" after that...

ps:

Proud psOne/2/3/p owner.  I survived Aplcalyps3 and all I got was this lousy Signature.

The whole thing boils down to, was Sony still paying the man or did the contract he signed say he couldn't promote any other video game promotions?

Butler hasn't been in a commercial for a minute, I don't know if they had something planned down the line but unless they were paying him during that period that he did the Bridgestone commercial or his contract actually states he can't appear on screen with another game competitors products, this really can't hold up. For the sake of actors/comedians in the industry, I hope he didn't do something foolish like double dip because companies all over would then be wary of well known faces and type casting will hit a lot of people that don't get paid nearly enough to live on two 30 to 60 sec spots and maybe a live convention appearance a year from just one company.



joeorc said:

"Did they already settle? Wow, that was fast!"

 

read reference court case doc. 14 its right in the first link it already moved to ex parte  by plaintif.

all there needs by the court is update to the status of resolution to the ex parte, with Jerry being removed from the bridge stone ad its pretty much over with at that point, and the fact it was as of OCT 5th its most likely done in resolution.

Lawsuits are often how corporations try to get the attention of other corporations.  Often times they will quickly settle out of court.  Sony didn't like the whole Wii promotion angle and sued to make it aware.  So, it makes sense they resolved out of court and clarified contract stuff.