Gravel-voiced singer and actor Tom Waits has been awarded $2,475,000 in a judgment against Frito-Lay Inc. and an advertising agency that hired an imitator to sing a jingle praising the company's corn chips.
"Now I have a fence and a gate around my voice," Waits, 40, told reporters after hearing the jury's decision. "I have what I always felt was a distinctive voice. Now it's been validated."Waits, who has recorded 17 albums and appeared in several movies including "Down by Law," said in testimony he was "angry - very angry" the first time he heard what he called the corn chip sermon.
The advertising agency, Tracy-Locke Inc., was said to have hired Steve Carter, who imitates Waits on stage, to sing the jingle.
Waits' lawyer Howard King had asked the jury of four women and two men to award Waits $1.5 million, saying Waits had been humiliated by the commercial. The jury deliberated for two days and increased the amount.
Anthony Liebig, a lawyer for Frito-Lay argued Waits' voice was not known enough to support his claim the firm had exploited him commercially. He said later Frito-Lay might appeal the decision.
Waits, whose voice has been described as the sound of Louis Armstrong gargling with razor blades, has recorded the albums "Frank's Wild Years," "Rain Dogs," "Swordfish Trombones" and "Closing Time."
Bette Midler was awarded $400,000 last October against an advertising agency she said used her backup singer to imitate her voice in a television car commercial. Midler had asked for $10 million.