Thu, Jan 17, 2013 | 11:27 GMT
Kevin Butler’s Sony lawsuit settled out of court
Actor Jerry Lambert, aka Sony’s Kevin Butler, has settled the lawsuit with his former employer out of court.

Lambert admitted that his appearance in a Bridgestone advert -in which he was seen playing a Wii- may have caused confusion as to which brand he is actually promoting.
The lawsuit result has seen Lambert agree to not appear in any video game adverts for the next two years. According to Media Post, he is also inclined to tell Sony if he is going to feature in any video game adverts after the ban, just so the company can “assess whether or not Lambert’s intended performance violates [Sony's] rights in the Kevin Butler character.”
While it’s good to see the problem settled, it’s a shame we’ll be Butler-less until at least 2015.


82 comments
Older Comments
#51
OlderGamer
18/01/13, 2:45 pm
Because Sony can’t leagely keep Mr. Lambert from working in Comercials.
“@OG
Just requiring something posted higher up …
“Lambert acknowledged that his contract with Sony precluded him from promoting or endorsing competing game systems”
That was released AFTER the new agreement. Hence why I think the way I do. Mr. Lamberts camp reversed positions.
Look guys feel free to disagree. But I am standing on my opinion. Blame it on my trick knee. I just have a feeling that there is more here then meets the eye. In the end, what does it matter?
#52
killersense
18/01/13, 2:49 pm
there are people that are speculating wildly and there are people that posting stuff that is mentioned in the source article. it can be clearly seen who is doing what in this comments section. i don’t think anyone was trying to be a fanboy until polygem decided to bring it up and derail this thread.
#53
Ireland Michael
18/01/13, 2:51 pm
None of this matters. There wasn’t going to be any more Kevin Butler anyway. That ad campaign was already done and dusted, since they’d drop the ad company before this drama even started.
#54
stretch215
18/01/13, 2:55 pm
@45 That’s the thing though. Why do you feel like you have to “stick up” for a console? Honest question, not trying to start anything.
#55
theevilaires
18/01/13, 2:56 pm
Why do you keep calling him Mr.Lambert O.G.? Are you legally representing this guy or something? Are you afraid to call him by the name he’s most famous for, Kevin Butler? Just you calling him Mr.Lambert sounds so weird.
Not taking a shot or anything but I’ve never seen you give a SONY employee so much respect before.
#56
polygem
18/01/13, 2:57 pm
#52 + 1
totally nailed it bro
you are right others are wrong. keep that attitude. it´ll help you in life. on the surface.
#57
Ireland Michael
18/01/13, 3:09 pm
@54 It’s a little thing called “manners”.
#58
OlderGamer
18/01/13, 3:12 pm
I love the adds, they were awesome. Reminds me of the Sega VS Nintendo ones.
His name is Jerry Lambert, Tea. But that is part of the issue really. Everyone just see him as Kevin Butler.
“@45 That’s the thing though. Why do you feel like you have to “stick up” for a console? Honest question, not trying to start anything.”
Well, compelled to really. If you are enjoying your XB360, and someone claims that the graphics are N64 level, the online compontent is a joke, most of the games freeze or lock up, or any other stuff that you know is 100% false…most of the time your going to call BS when you see it.
I never try and make someone like what I do. Or put them down for liking what they do. But when I enjoy something and people just talk shit about it and that shit is worng, it gets me.
For example: WiiU has no games. I own 8 or 9 of them, rented a few more.
WiiU has no 3rd party support. I own AssCredIII, Madden, Sonic, and then there is CoD, Darksiders II etc. I also have Aliens on preorder. All of them 3rd party games.
WiiU GamePad does NOTHING for gaming. The gamepad enhances all of the games I have played. I think it is amazing. Sure, some might not like it. But the ones talking bad about it, haven’t even spent any time with it.
WiiU has no Online. I have spent a fair amount of time playing online with my WiiU.
And so on. And on. And on.
#59
theevilaires
18/01/13, 3:12 pm
@57 I don’t think I was talking to you was I?
@58 Like I said I wasn’t taking a shot I was just wondering cause its odd everyone knows him as Kevin Butler. I know his real name too but thats the point of the whole lawsuit. No matter where Jerry Lambert goes he will always be Kevin Butler and I feel SONY had every right to sue him using the persona to promote for another system.
#60
viralshag
18/01/13, 3:16 pm
@58, “His name is Jerry Lambert, Tea. But that is part of the issue really. Everyone just see him as Kevin Butler.”
I think this is more your issue. To me your comments sounds more like “Sony are jerks, they’re suing Kevin Butler because he does cool commercials.”
Other people, like me seem to think “Sony are right, they’re suing Jerry Lambert because he breached their contract agreement.”
#61
Ireland Michael
18/01/13, 3:20 pm
@59 He wasn’t even using the persona of Kevin Butler.
You can’t sue Jerry Lambert for being Jerry Lambert. He has dozen of commercials before Kevin Butler which are all the exact same shtick.
#62
stretch215
18/01/13, 3:21 pm
@58. Which is the same thing the sony guys are doing. Thank you for helping me prove my point.
#63
OlderGamer
18/01/13, 3:21 pm
What Mike said. Besides Sony were being jerks, exhurting their corperate muscle. They didn’t need to bring leagel action at all did they?
Guys stop using numbers, they don’t match comments. I can’t figure out who is talking to who lol.
#64
polygem
18/01/13, 3:23 pm
“I never try and make someone like what I do. Or put them down for liking what they do. But when I enjoy something and people just talk shit about it and that shit is worng, it gets me.”
this. and this is the difference indeed.
i dont have any problem with someone saying: i don´t like kirby games, they are well made games but feel childish to me.
i have a problem with someone saying: kirby games are just kids games. if you are over 15 and still playing them, something must be deeply wrong with you”
but it doesn´t matter anyway. it will stay like this forever.
i will have to try starting to ignore. i hate to do it but i really think it just doesnßt make sense to argue anymore sometimes.
#65
theevilaires
18/01/13, 3:28 pm
He was acting like Butler clearly in the commercial and got sued as Jerry Lambert for doing so. He could have changed his image to seem more like another character but his image was clearly that of Kevin Butler.
SONY was right and I hope to see Kevin Butler aka Jerry Lambert back in PlayStation ads because that character brought morale back to the PlayStation Franchise. Good job SONY for securing your investment.
#66
killersense
18/01/13, 3:31 pm
@61 thats the whole point. did anyone even know who he was before he was kevin butler? three years of commercial for sony gaming products and you are going to go out there and hold a competitor product in ur hands? you are saying sony should let this go and let him do whatever he wants. maybe he will show up in another ad promoting the new xbox and you think people are not going to get what microsoft is trying to do? this is just sony making sure nothing worse than this happens. they are not trying to be this evil corporation that OG is trying say here. they invested money in the kevin butler character and a contract was in place. he may not have used the kevin butler character but people look at him as kevin butler. he can do whatever ad he wants that is fine just not gaming related and that is what sony wanted as well and hence the settlement.
#67
Ireland Michael
18/01/13, 3:31 pm
@65 There was never going to be any more Kevin Butler. Sony had already ditched the ad company that he works for before this lawsuit even existed.
Sony’s handling of the entire Kevin Butler character is the business equivalent of getting a gun and then proceeding to shoot yourself in the foot.
#68
stretch215
18/01/13, 3:36 pm
@64. It doesn’t make ANY sense to continue arguing. You play what you enjoy, who fucking cares about what some random dude on the internet thinks about it.
#69
polygem
18/01/13, 3:37 pm
noone ever said sony is an evil corp. guys, temper you´re fantasies. it has been said that taking legal action to sort this out made them look a bit cheesy and might have made the situation even worse for them.
#70
OlderGamer
18/01/13, 3:38 pm
I keep asking myself that very same question Stretch.
#71
polygem
18/01/13, 3:39 pm
@68, sure..but then why even commenting something on the internet at all.
#72
viralshag
18/01/13, 3:40 pm
@OG(63), what’s the point in a legally binding contract though if people don’t have to stick to them? It’s not like Lambert has done the Sony ads for free.
Can’t you understand the impact on all of Sony’s contracts if they let one person/company get away with neglecting a contract? Especially one which is in the public eye?
@61, I think it’s more that he is promoting a direct competitor more than being Kevin Butler in the ad.
#73
Ireland Michael
18/01/13, 3:42 pm
@68 TEA does. Any sort of criticism of Sony makes you less of a human being… An X-Bot, if you were. *badoom tish*
#74
OlderGamer
18/01/13, 3:44 pm
I said it already Viral.
I don’t think the contract he had was so iron clad as to make it an open and shut case. If it was, why would Sony make a stink about it and then settle?
#75
theevilaires
18/01/13, 3:50 pm
@67 Dude you’re talking out of your ass. You don’t know what SONY has planned for their ad campaigns. Kevin Butler could have easily spearheaded the PS4 ads as “The comeback campaign” It would be genius. Would you rather have Kevin Butler promoting your new system or a crying baby again.
Like I said SONY owns the Kevin Butler persona and his act in that commercial could have damaged any upcoming Sony planned campaigns. Again O’Connor you show VG247 just how short sighted you are kid. Go outside and play and leave the discussion to the adults.
#76
Ireland Michael
18/01/13, 4:04 pm
@75 Jerry Lambert works for the advertising company that invented and developed the Kevin Butler character and made the ads. The ad company is no longer partnered with Sony. Their contract expired with them and with Kevin Butler before the Bridgestone ad even existed.
#77
theevilaires
18/01/13, 4:23 pm
^ doesnt matter the character is already made. doesn’t take a rocket scientist to use the same formula that made him and the ads popular and successful….oh hi Bridgestone commercial.
So they’re not partnered with the company anymore. Just go to Jerry Lambert and say hey wanna do more Kevin Butler ads for PlayStation. Bet you he’ll say yes in a heart beat.
#78
viralshag
18/01/13, 4:23 pm
@OG(74), there can be a multitude of reasons. One of the most likely is that what they can actually sue Lambert for wouldn’t be cost effective in what it would actually cost to take the court to trial.
Which might be why they settle with Lambert but continue with Bridgestone. Maybe there was a chance for Lambert to counter-sue and it made sense for both parties to settle. But as I said before, Lambert is the one that has walked away with certain obligations.
There’s never been anything stopping him from working on commercials or shows, as he continued to do so while being Kevin Butler. But appearing in an ad which promotes a direct competitor is pretty silly and something he didn’t need to do.
#79
Ireland Michael
18/01/13, 4:27 pm
@77 And if Kevin Butler never wants to play him again (which he clearly doesn’t, as he didn’t renew his contract) it doesn’t matter.
Why would he ever want to work for them again? They sued him and his company. The guy is already a self made millionaire.
#80
theevilaires
18/01/13, 4:31 pm
You’d be surprise how millions disappear fast in this economy. Butler will return sooner or later.
#81
DrDamn
18/01/13, 5:12 pm
@OG51
The contract he *had* *precluded* very important words. This isn’t something which has been agreed and added now.
#82
NeoSquall
07/02/13, 4:04 am
Kevin Butler (the character) should be treated like the second Stig, ie. strap him to a car and fly it in the sea from a carrier, then make a new one.
edit: yeaaaaaaah, necroposting!
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