Accusing the legendary soda pop company of unlawfully imitating the late country icon’s voice in a recent advertisement, Johnny Cash’s estate has initiated a lawsuit against Coca-Cola.
Filed in Nashville on Tuesday (11.25,) the matter marks the first high-profile case brought under Tennessee’s newly enacted ELVIS Act that safeguards artists’ voices from unauthorized commercial use.
The iconic country musician’s estate has argued that a Coca-Cola jingle (performed by tribute artist Shawn Barker) that’s aired during college football broadcasts since August features vocals that sound “strikingly” similar to that of Johnny Cash.
While the iconic artist’s estate has previously licensed Cash’s music for advertising – including Ragged Old Flag and Personal Jesus during Super Bowl telecasts – they claim Coca-Cola bypassed the proper usage channels.
In an interview with Billboard, attorney Tim Warnock, representing the estate, said “Stealing the voice of an artist is theft. It is theft of his integrity, identity and humanity. The trust brings this lawsuit to protect the voice of Johnny Cash — and to send a message that protects the voice of all of the artists whose music enriches our lives.”
For alleged violations of Cash’s publicity rights, federal false endorsement laws, and Tennessee’s consumer protection statute, the lawsuit seeks an injunction to pull the ad from circulation, alongside financial damages.
While Barker himself is not named in the suit, his management expressed enthusiasm about his involvement in the campaign, with manager Joey Waterman stating that Barker was “thrilled” to contribute, adding that the singer has toured globally for more than twenty years with his tribute show The Man in Black: A Tribute to Johnny Cash.
At press time, Coca-Cola has yet to respond publicly to the claims.
Keep up with the latest trending music news by following us on Facebook, Twitter, and Instagram
Author: Al Dente
Photo: Heinrich Klaffs