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 Tom Waits case I’ll talk about next week 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.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.
If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” (video on YouTube, Spotify, and Substack only) and on most social media as @kingpatentlaw.
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