"Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide "Fan Work is Thirsty Work" campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate's lawsuit and what it reveals about the evolving law of soundalikes."
"In this episode, they cover: How Tennessee's new Elvis Act expands protection for voices and vocal imitation Why the Cash estate is also asserting a Lanham Act false endorsement claim How Midler v. Ford and Waits v. Frito-Lay continue to shape soundalike disputes The line between imitating a musical "style" and misappropriating a distinctive voice What brands and agencies should consider before using tribute artists or AI vocals"
Tennessee's new Elvis Act expands protection for voices and vocal imitation. The Cash estate asserts a Lanham Act false endorsement claim against Coca-Cola for using a Johnny Cash soundalike in a national campaign, alongside right-of-publicity allegations. Midler v. Ford and Waits v. Frito-Lay continue to shape legal tests for soundalike disputes, balancing artistic imitation and commercial misappropriation. Courts assess whether a vocal performance crosses from imitating a musical style into misappropriating a distinctive voice tied to an individual's commercial identity. Brands and agencies face legal risk when using tribute artists or AI-generated vocals and should evaluate permissions, disclosure, and marketing context before deployment. The case illustrates evolving intersections of right of publicity, trademark law, and advertising practice.
Read at The IP Law Blog
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