Lanham Act Claims and Tennessee’s New ELVIS Law
The complaint accuses Coca-Cola of violating the Lanham Act, the Tennessee Consumer Protection Act, and the state’s newly enacted Ensuring Likeness, Voice, and Image Security (ELVIS) Act.
Passed in March 2024, the ELVIS Act is touted by Tennessee as the nation’s first explicit safeguard for an individual’s voice, including simulated or AI-generated mimicry. The law makes it unlawful to knowingly publish or distribute an identifiable voice without the authorization of the individual—or, in the case of a deceased person, their estate.
The Cash estate invoked a 1988 Ninth Circuit ruling, noting that a person’s “voice is as distinctive and personal as a face,” and asserted that Cash possessed “one of the most recognizable voices in the history of popular music.”
Ad Agency Allegedly Hired Cash Tribute Singer for Authenticity
According to the lawsuit, Coca-Cola hired an ad agency that then secured a Johnny Cash tribute singer, purportedly for the purpose of sounding “as close as possible” to the Man in Black. The vocal track aired in the company’s “Go the Distance” commercial.
Evidence of the mimicry, the estate says, surfaced on Facebook when the tribute singer shared a post tagged #johnnycash and #themaninblack, sparking confusion among viewers who believed they were hearing an unreleased Cash track.
One viewer wrote that they replayed the commercial twice, certain it was “a Johnny Cash song I hadn’t heard before.” Another said they thought the ad featured “a new track by the Man in Black himself.”
The trust points out that it has previously licensed Cash’s voice for Super Bowl ads, underscoring that Coca-Cola knew—or should have known—permission was required.
