Jerry Lambert, who has played Kevin Butler in more than 30 PlayStation adverts, admitted that his appearance in a separate Bridgestone tyre advert - where he was enjoying a Wii game - could have created confusion about what games the Butler character was endorsing. As a result of the out-of-court settlement, Lambert has agreed to not appear in any adverts that feature video games for a period of two years.
According to settlement details cited by Media Post
, Lambert also agreed to give Sony full notice if he appears in any video game adverts once the block is lifted. This will provide Sony time to "assess whether or not Lambert's intended performance violates [Sony's] rights in the Kevin Butler character".
Kevin Butler remains a Sony trademark.
In October it emerged that PlayStation began legal action against Jerry Lambert
for appearing in an advert that shows him playing on Nintendo's Wii console.
In September, Lambert was used in a Bridgestone tyres commercial video
and was depicted enjoying a game on the Wii.
Lambert, whose likeness is has been so closely associated with his Kevin Butler character, was later scrubbed out of the advertisement using video editing tools.
On September 11, Sony Computer Entertainment America filed against both Bridgestone and Lambert's company Wildcat Creek.
The American arm of PlayStation said that the lawsuit claims are "based on violations of the Lanham Act, misappropriation, breach of contract and tortious interference with a contractual relationship".
The company went on to allege: "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."
The Bridgestone advert aired just three days after the expiration of Lambert's contract with Sony. But the contract contained an "exclusivity clause" that prevented Lambert from providing his services or his likeness to competing gaming system manufacturers like Nintendo.