Naked Cowboy and Naked M&M's

February 13, 2008, 11:25 am

The Naked Cowboy Sues the Naked M&M
Posted by Dan Slater

When the Law Blog strolls through Times Square and sees the so-called Naked Cowboy — the guitar-strumming street-singer whose uniform is limited to cowboy boots, a hat, and a pair of briefs — several questions occur to us: Doesn’t the Naked Cowboy get cold? When does the Naked Cowboy eat? Does the Naked Cowboy have a family?

But here’s a thought we never had: Does the Naked Cowboy ever worry about identity theft? How about trademark infringement?

Well, according to the New York Post, he indeed has law on the brain. The Naked Cowboy, whose real name is Robert Burck, is suing Mars Inc. for $6 million for dressing an animated M&M in Burck’s signature outfit and broadcasting it on a video billboard. While not quite a doppleganger, the animated M&M is reportedly dressed in a white cowboy hat, boots and briefs for several seconds of a nearly five-minute video that also features the candy in street scenes and as city icons, including King Kong and the Statue of Liberty.

“My initial response was like, ‘Wow that’s cool,’ ” said Burck, 37. “The artist seeks to create the world in his own image. Obviously I was overjoyed . . . . It took years for people not to say that’s a stupid idea. . . . All I’ve got is my underwear. It’s the most brilliant thing that’s ever been created from a marketing perspective. You can’t stop it.” Mars declined to comment to the Post.

OK, LB loyals, we know there are trademark mavens out there. What does Burck need to show to make out a case for trademark infringement?

Law Blog YouTube Video of the Day: For those Law Blog readers who are unfamiliar with the Naked Cowboy’s shtick, click here for a typical sampling of his work.
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