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It's Naked Cowboy, 1; naked M&M, 0
The Naked Cowboy successfully sued Mars Inc, after Mars ran a video advert of an M&M dressed as the Naked Cowboy.
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Naked Usher Train
What do the Naked Cowboy, Usher, and the Showbiz Pizza Band all have in common? They are all on the top five list of hot internet virals today. Enjoy and come back tomorrow.
To watch the full versions of all five videos just click on the links in the comments section below. What do the Naked Cowboy, Usher, and the Showbiz Pizza Band all have in common? They are all on the top five list of hot internet vira... more -
Judge OKs Naked Cowboy suit against M&Ms
Without context, this is the greatest headline ever.
NEW YORK - The $6 million lawsuit filed by the New York City street performer known as The Naked Cowboy against M&Ms candy maker Mars Inc can go forward on grounds of trademark infringement, a judge ruled on Monday.
Robert Burck — for 10 years a fixture in Times Square, who strums a white guitar while dressed only in white cowboy boots and hat and skimpy white underwear — filed the suit in February over video billboards depicting a blue M&M dressed in his signature outfit.
U.S. District Court Judge Denny Chin denied a motion to dismiss the lawsuit, ruling that Burck may proceed with his false endorsement claim, "for he plausibly alleges that consumers seeing defendants' advertisements would conclude — incorrectly — that he had endorsed M&M candy." Without context, this is the greatest headline ever. ... more -
'Naked Cowboy' can sue makers of M&Ms
An underpants-clad New York guitarist known as the "Naked Cowboy" can proceed with his trademark infringement lawsuit against the maker of M&Ms and its ad agency, a New York judge has ruled.
Robert Burck has become a fixture in Times Square for playing the guitar dressed in a white cowboy hat, white cowboy boots and white underpants while tourists pose with him for pictures and slip money into his boots.
In February, the street performer filed a lawsuit against Mars Inc. and Chute Gerdeman Inc., after they released a video billboard showing a guitar-playing blue M&M dressed in a white cowboy hat, cowboy boots and underpants.
The company also ran print ads showing a similar yellow M&M.
Burck says in his lawsuit that he has registered trademarks to the Naked Cowboy name and likeness.
The lawsuit alleges that the ads violate Burck's right to privacy and infringe on his trademark by "using his likeness, persona, and image for commercial purposes without his written permission and by falsely suggesting that he endorses M&M candy." Watch the Naked Cowboy in his natural environment »
U.S. District Judge Denny Chin ruled Monday that the trademark infringement claim can proceed.
Chin dismissed the privacy claim, however, saying New York law protects only the "name, portrait, or picture of a living person" and not a character "created or a role performed by a living person," according to a statement from the court.
Lawyers for Mars and Chute Gerdeman did not return calls for comment.
Mars issued a statement saying, "we do not comment on matters of litigation. However, as a good corporate citizen, Mars will handle this matter accordingly."
Burck said he is looking forward to pursuing the matter.
"I have spent 10 years in every kind of weather and going through the legal, step by step [process of getting a trademark]," Burck said. "It is imperative that damages are pushed so ... an example will be set."
He is seeking up to $100 million in punitive damages, plus attorney's fees.
Chin ordered attorneys for both sides to appear at a pretrial conference July 11, according to the statement. An underpants-clad New York guitarist known as the "Naked Cowboy" can proceed with his trademark infringement lawsuit agains... more -
The Blue M&M gets bitch slapped by The Naked Cowboy
New York City street performer "The Naked Cowboy" is suing Mars Inc. for $6 million over the use of his trademark look -- white underwear, cowboy boots and a hat -- by a blue M&M candy on a Times Square billboard.
For nearly a decade, Robert Burck has been a fixture in Times Square, where he strums a guitar on a street corner while dressed in his skimpy signature costume.
In a lawsuit filed this week in Manhattan federal court, Burck said that two oversized Times Square billboards that promote M&Ms used his look without compensating him.
The billboards feature a scantily clad blue M&M with a guitar alongside views of New York including street scenes and the Statue of Liberty. New York City street performer "The Naked Cowboy" is suing Mars Inc. for $6 million over the use of his trademark look -- wh... more -
The Naked Cowboy Makes More Money Than You
Who would've thought stripping down to your BVD's and playing guitar in Times Square would net you $1,000 a day! This mind blowing list reveals how much some street performers really make in a day.
Makes me want to paint myself silver and do the robot outside of Pier 39. Who would've thought stripping down to your BVD's and playing guitar in Times Square would net you $1,000 a day! This mind ... more
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