Johnny Cash Estate Sues Coca-Cola Over Unauthorized Use of Voice
This week, the estate of Johnny Cash filed a federal lawsuit against The Coca-Cola Company. The accusation? The beverage giant reportedly used the legendary singer’s unique voice and likeness in a college football advertisement without obtaining permission first.
Known as “The Man in Black,” Johnny Cash was a profound figure in music, recognized for his deep, baritone voice and his blend of genres like country, rock, folk, and gospel. His storytelling style and all-black attire have made him iconic.
According to the lawsuit, Cash “has one of the most legendary and distinctive voices in the history of music.” Coca-Cola allegedly utilized a pirated version of his voice to profit from a nationwide advertising campaign.
The complaint, lodged in the U.S. District Court for the Middle District of Tennessee by the John R. Cash Revocable Trust, specifically points out that Coca-Cola hired a professional tribute artist, Shawn Barker, to perform vocals for a commercial called “Go the Distance,” part of their “Fan Work Is Thirsty Work” campaign promoting Coca-Cola Zero Sugar.
“Stealing the voice of an artist is theft. It is theft of his integrity, identity, and humanity,” stated Tim Warnock, a lawyer representing the estate. “The trust brings this lawsuit to protect the voice of Johnny Cash and to send a message that safeguards the voices of all artists whose music enriches our lives.”
Interestingly, Barker himself isn’t named as a defendant in this case.
The lawsuit claims that Barker’s performance closely mirrors Cash’s distinct baritone voice, leading many to mistakenly believe the ad featured the actual Johnny Cash, who passed away in 2003. The estate argues this amounts to unauthorized use of Cash’s voice and gives a misleading impression of endorsement.
This lawsuit serves as a significant test for Tennessee’s Ensuring Likeness Voice and Image Security (ELVIS) Act, enacted in 2024, which explicitly safeguards an individual’s voice from unauthorized use, extending protections even to human impersonators, not only artificial intelligence.
The trust claims Coca-Cola intentionally and fraudulently violated the ELVIS Act and estimates damages could exceed $75,000.
Beyond damages, the estate is requesting an immediate injunction to remove the ad from television and online, as well as disgorgement of profits and corrective advertising.
Additional allegations include violations of the federal Lanham Act for false endorsement and breaches of Tennessee’s right-of-publicity and consumer-protection laws.
Next Steps
The process in Cash’s estate’s lawsuit against Coca-Cola will typically unfold through the federal civil procedure. Coca-Cola will respond formally to the complaint, and the judge will assess the estate’s request for a preliminary injunction to stop the ad. If the case advances, both parties will enter a discovery phase, sharing evidence related to the commercial and the performance that sounds so much like Cash.
This could lead to settlement talks or motions aiming to resolve the dispute without going to trial. However, if those efforts don’t materialize, the case could be brought before a judge or jury, who will then determine whether Coca-Cola unlawfully used a voice recognizable as Johnny Cash.
