Yes, the image you see above is of Kevin Butler playing the Nintendo Wii, and yes, it was enough to cause a lawsuit in America's beloved justice system.
A Bridgestone tire commercial that aired on televisions across the United States last month depicted Kevin Butler playing Mario Kart on the Nintendo Wii. The script goes as far as having Butler call the Wii by name and footage of the console and game are shown throughout the commercial. Consequently, Bridgestone removed the video from YouTube and changed the commercial to exclude Butler after some rumblings of Sony having its feelings hurt.
Knowing corporations and how sue-happy they are, of course that wasn't enough. Sony has already filed a lawsuit against not only Bridgestone, but a company named Wildcat Creek that was registered by Jerry Lambert, the real-world name of Kevin Butler. The entry states that the lawsuit is over trademark infringement, leading us to believe that somewhere in Lambert's contract there is mention of him not appearing in ads for Nintendo or Microsoft.
It's definitely weird seeing Lambert excited to play the Wii after years of appearing as the charismatic and awesome face of PlayStation products, but he should be able to play on whatever platform he wants while on television. Well, at least in a perfect world, anyway.