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The Briefing – The Man In Black v. Coca Cola: The New Soundalike Showdown

By Scott Hervey & Richard Buckley on December 12, 2025
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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

Tune in for a clear look at where right of publicity, soundalike law, and advertising practice collide.

Watch this episode on YouTube or listen to the podcast here.

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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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Photo of Richard Buckley Richard Buckley

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships…

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships, commercial real estate landlords and tenants, event marketers, manufacturers, a market research firm, entertainers and real estate developers.

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  • Posted in:
    Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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