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(Kotaku)   Sony is suing its spokesman for playing Wii in a new ad   (kotaku.com) divider line 1
    More: Amusing, Wii, Sony, California Secretary of State, Bridgestone, Sony Computer Entertainment America  
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14883 clicks; posted to Main » on 07 Oct 2012 at 12:11 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-10-07 12:50:15 PM
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IlGreven: I believe it is a standard contract clause that an actor can't be in an advertisement for another product in the same class as one he's already in an advertisement for, for as long as they're contracted for the first product. Meaning if you're in a Pepsi or McDonald's commercial, you can't immediately then do a Coke or Burger King commercial. Or Flo can't do a Geico commercial and Dennis Haysbert can't suddenly start doing Progressive commercials.


I think it is somewhat revealing that Sony is suing over trademark infringement, not breach of contract. If he'd violated his contract, it'd be over that, and it'd be open and shut - that it is not suggests that either his contract expired, or this didn't violate it. So that means Sony is basically trying to say that he (!) or the character he portrayed (more likely) is part of their trademark, and can't be used like this. If it goes to court, I wouldn't give them very good odds - unless they obviously used the character from the Sony ads, reusing the actor doesn't imply you are portraying that character, and juries will be...unsympathetic to the idea that a person can be made a trademark against their will.
 
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