Just today, on November 25, 2025, as I was writing next week’s posts about the right of publicity and related issues, news broke that the John R. Cash Revocable Trust filed a lawsuit against The Coca-Cola Company regarding the right of publicity and Tennessee’s new ELVIS Act!

Johnny Cash has one of the most legendary and distinctive voices in music history, one that is readily identifiable to listeners. The Trust, which owns the commercial rights to his voice and likeness, sued Coca-Cola over a 2025 college football advertisement campaign.

The complaint alleges that Coca-Cola hired a Johnny Cash tribute singer (a "Sound-Alike Singer") to record a song for the ad. The singer is a known Cash tribute performer ("the No. 1 Johnny Cash Tribute Show" per his website), which makes the similarity to the Waits case stronger. The complaint alleges the purpose was specifically to ensure the ad sounded as close as possible to Cash's voice, and that consumers were actually confused, believing it was a "new track by the Man in Black himself." The Trust alleges that Coca-Cola, despite its long history of licensing celebrity endorsements, failed to even ask for a license.

The lawsuit asserts Coca-Cola violated the ELVIS Act, the Tennessee Consumer Protection Act, and the Lanham Act, underscoring the legal recognition that stealing an artist's voice is theft of their integrity and identity.

You'd think marketing firms would have learned from the Tom Waits v. Frito-Lay and Bette Midler v. Ford cases, but clearly not. I don't think Coca-Cola and the advertising agency that will inevitably be dragged into the lawsuit will enjoy the penalties under Tennessee's new ELVIS Act, but ironically, it may be the publicity they enjoy even less.

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Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp and keep rocking your IP!

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