IP Law Daily, PUBLICITY RIGHTS NEWS: Coca-Cola accused of violating Tennessee’s ELVIS Act by imitating Johnny Cash’s voice in ad campaign, (Dec 2, 2025)

By Carolin Dennis, B.Sc., LL.B., LL.M.

The complaint alleges that Coca-Cola’s use of a sound-alike singer to imitate the voice of late singer Johnny Cash’ in a recent advertisement violates new Tennessee publicity rights law.

John R. Cash Revocable Trust (Trust) has filed a complaint against The Coca-Cola Company in the federal district court in Nashville, Tennessee, for pirating Johnny Cash’s voice in a nationwide advertising campaign without consent, in violation of the Ensuring Likeness, Voice, and Image Security Act (ELVIS Act), the Tennessee Consumer Protection Act, and the Lanham Act. The Trust seeks to enjoin Coca-Cola preliminarily and permanently from exploiting the infringing ad, as well as appropriate compensatory remedies and fees and costs necessitated by the Coca Cola’s unlawful conduct (John R. Cash Revocable Trust v. The Coca-Cola Company, No. 3:25-cv-01373 (M.D. Tenn. filed on Nov. 25, 2025)).

John R. Cash (Johnny Cash) has one of the most legendary and distinctive voices in the history of music. Since Johnny Cash’s death in 2003, the Trust closely safeguards the legacy of Johnny Cash, including his voice (Voice) according to the complaint. Due to the compelling appeal of his legacy, character, and unique contributions to popular culture and music, Cash’s Voice deserves to be treated with respect and used for commercial advertising purposes only with the Trust’s consent.

In or around August 20, 2025, Coca-Cola initiated a new, nationwide advertising campaign for the 2025 NCAA college football season titled “Fan Work Is Thirsty Work.” The advertising campaign features a television commercial titled “Go the Distance” (Infringing Ad). The visual images in the Infringing Ad are synced to a sound recording containing a male singing voice that sounds remarkably like the Voice of Johnny Cash. However, the singing voice in the Infringing Ad is not the actual Voice of Johnny Cash. Coca-Cola had commissioned an advertising agency to create the Infringing Ad, which on behalf of Coca-Cola hired a Johnny Cash tribute singer (Sound-Alike Singer) to sing the vocal track for the Infringing Ad.

According to the complaint, the Trust learned about the Infringing Ad for the first time on November 14, 2025. The Trust argued that through the Infringing Ad, Coca-Cola knowingly used and infringed Johnny Cash’s Voice for the purpose of advertising its products, merchandise, goods, and services without the consent of the Trust. Consumers who hear the Voice immediately recognize Johnny Cash as the source of the Voice. The Voice is distinctive, part of his celebrity identity, and functions as a mark, particularly when used in connection with advertisements for goods and services. The Trust brought this lawsuit to protect the voice of Johnny Cash.

The Trust claims that Coca-Cola has a long history of entering into endorsement agreements with artists in order to exploit their name, image, likeness, and voice for commercial purposes. Despite knowing that it needed a license to exploit the Voice, Coca-Cola chose not to ask the Trust for a license. The Trust argued that Coca-Cola exploited the Voice in the Infringing Ad without authorization from the Trust and therefore violated the ELVIS Act intentionally, fraudulently, maliciously, and/or recklessly. Further, Coca-Cola’s infringing conduct has caused irreparable harm to the Trust. Therefore, the Trust argued that because of Coca-Cola’s violation of the ELVIS Act, it is entitled to recover any profits attributable to Coca-Cola’s unlawful exploitation of the Voice.

The Trust also contended that Coca-Cola’s use of the Infringing Ad violated the Tennessee Consumer Protection Act of 1977 (TCPA) by causing likelihood of confusion or misunderstanding as to the Trust’s sponsorship, approval, affiliation, connection, or association with Coca-Cola and by representing that Coca-Cola has a sponsorship, approval, status, affiliation, or connection with the Trust that does not exist. Additionally, Coca-Cola’s violation of the TCPA has caused the Trust to suffer an ascertainable loss of money and/or property.

The Trust also argued that the use of the singing voice in the Infringing Ad is likely to cause confusion, mistake, or deception as to whether the Trust has sponsored, endorsed, or otherwise approved of the use of the Voice in the Infringing Ad. In fact, the Infringing Ad suggests a false connection or affiliation with the Trust, as the owner of the Voice, which does not exist. Thus, Coca-Cola willfully and deliberately violated Section 43(a) of the Lanham Act.

Claims, remedies sought. The Trust is seeking a jury trial and asserts three causes of action: (1) violation of the ELVIS Act, (2) violation of the Tennessee Consumer Protection Act, and (3) violation of the Lanham Act. Among other relief, the Trust asks the district court to enjoin Coca-Cola preliminarily and permanently from exploiting the Infringing Ad. The Trust also seeks compensatory damages; punitive damages; and the profits of Coca-Cola attributable to its unlawful conduct; prejudgment and post-judgment interest; attorney fees and costs; and any other relief as the court deems proper.

The Case is No. 3:25-cv-01373.

Judge: Crenshaw, Jr., W.

Attorneys: Tim Warnock (Loeb & Loeb LLP) for the John R. Cash Revocable Trust.

Companies: John R. Cash Revocable Trust; The Coca-Cola Company

News: PublicityRights Trademark TennesseeNews GCNNews