I didn't read the case, but in a lot of these type of cases, there are memos or emails that make the case more than if you were just listening to the commercial. Like in the Scarlett Johansson case where they reached out to her to do the voice. The may have had internal memos that called the commercial the "Tom Waits Commercial" or the like. They may have had internal legal memos advising that they could be sued, etc.