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02/15/2008 11:43 PM ID: 68514 Permalink   

Naked Cowboy Sues Mars

 

Robert Burck, known to many as "The Naked Cowboy", has launched a lawsuit against candy giant Mars.

An video billboard ad for the Times Square M&M store depicts a blue M&M dressed in white cowboy boots, a white hat and underwear and sporting a guitar. Burck contends that Mars is violating his trademark outfit.

The Naked Cowboy's claim to fame is appearing at the intersection 45th Street and Broadway and playing his guitar while clad in cowboy boots, a hat and underwear. As a result of the lawsuit, the video billboard ads have disappeared.

 
  Source: www.ananova.com  
    WebReporter: Zpravodajec Show Calling Card      
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  10 Comments
  
  its all about the money  
 
there is a young lady preforming around time square with the same outfit(looks better on her).she calls herself the naked cowgirl.if it were truly about trademark he'd be suing her.I got my picture taken with her she's hot
 
  by: kross10c   02/16/2008 12:51 AM     
  He's the fraud  
 
I have seen a lot of country singers in the last 30 years wear this combo long before he was around.

So If anyone should be sued it should be him. for ripping off people like Hank Williams and Dwight Yoakam.

He was on one of the court T.V. shows about a month ago and he is truly a moron in the way he talks and in his thought process in general.

Just trying to get publicity because he can't sing and he looks like someone only Liberachi or Elton John could love.
 
  by: Kraxer   02/16/2008 04:59 AM     
  Sorry buddy..  
 
Your ass is public domain now.
 
  by: emceay   02/16/2008 09:24 PM     
  lol  
 
i dont mind having the naked cowgirl around tbh..
but dont mind him leaving though
 
  by: bastrel   02/17/2008 08:06 AM     
  @kross10c  
 
Actually, they had a piece on this this morning on one of the NY moring shows for Sunday (GMA Sunday edition maybe, don't remember).

The Naked Cowgirl is most likely included in his actual, factual trademarked getup...the image of the Naked Cowboy and the name are trademarked. He actually sells CD's and such and gets paid for apperances, etc, so its actually a business he runs.

Rightfully so, he is suing M&M Mars for the obvious and blatent infringment of his trademarked image and persona. He's well within his rights to take them to court because of this.
 
  by: Jediman3     02/17/2008 09:19 PM     
  @jediman  
 
He's within his rights, but he'll probably lose. All they need to do is argue that it's parody.
 
  by: MomentOfClarity     02/18/2008 02:23 AM     
  The nakid cowgirl has a web site  
 
http://www.nakedcowgirlny.com/...

It must be nice to live in a city that actually has culture beyond the Lutherans, the Catholics and the Methodists. There used to be a transvestite that would dress up in a pink tutu, 4 wheel roller skates and a fairy wand and skate up and down East Colfax Ave in Denver. After about 10 years of getting beat up he moved to S.F. and once again Denver was completly devoid of all culture and the cowboys could finally let their sphincters relax.
 
  by: Valkyrie123     02/18/2008 02:58 PM     
  @kross @MOC  
 
@kross

This is completely write and in fact the mere fact that he has not sued the naked cowgirl helps to invalidate the trademark.

@MOC

There is no parody exemption for trademark only copyright. That being said trademark law is meant to prevent brand confusion so he would have to show that Mars' campaign cases consumer confusion. This would seem to me to be difficult as Mars sells candy and he sells CDs and posters.

This is also why a site like http://www.homedepotsucks.com/... is allowed even though they do use symbols that are trademarked by Home Deport they are not using them to cause brand confusion.
 
  by: gtg833b     02/18/2008 06:33 PM     
  @Valk  
 
I used to work in Lorain, Ohio. We had a guy who apparently bleached his hair and would carry a sign up and down random streets that read, "Eminem is my daddy". There was also a generic guy that would sit with his boombox and dance on street corners. Personally, I thought they were crazy but they sure made driving interesting.
 
  by: Svengali   02/19/2008 03:37 PM     
  @gtg  
 
"That being said trademark law is meant to prevent brand confusion so he would have to show that Mars' campaign cases consumer confusion. This would seem to me to be difficult as Mars sells candy and he sells CDs and posters."

Indeed, this is why I don't think he has much to stand on. They've referenced him in jest, but they're not interfering with his business or stealing his gimmick. He's probably banking on the bump in name recognition will outweigh the court costs. I'm not sure I wish him well; I know a performer in NY who actually WAS naked when he did the naked guitarist bit who dropped his schtick for this fraud's market saturation. Pfeh.
 
  by: MomentOfClarity     02/19/2008 10:52 PM     
 
 
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