Waits isn't chipper about imitator's ad

Singer Tom Waits "was stunned" when he heard a gravelly voicethat sounded just like his own, singing in a corn chip commercial ona Texas radio station, his attorney told a federal jury on the firstday of testimony in a trademark infringement lawsuit. He said othersreacted the same way.

The singer in the commercial for Frito-Lay Inc.'s SalsaRioDorito chips is Stephen Carter, a Dallas area vocalist who hasimpersonated Waits in performances for a decade.

Waits suit is based on a 1988 federal appeals court ruling thatsinger Bette Midler successfully used to win a $400,000 judgmentagainst an ad agency in a dispute over a car commercial tune based ona Midler hit, "Do You Wanna Dance."

An attorney for the defense told jurors his clients' ad imitatedonly Waits' gruff, bluesy singing style. "It had nothing to do withthe voice," he said.

Waits' hits include the single "Jersey Girl" and the album "RainDogs." -