Intellectual Property Law

Naked Cowboy?s Lawsuit Drives M&M Outta DodgeWSJ.com: Law Blog - WSJ.com

For all its faults, our legal system lets cowboys forego violence to vindicate their honor.

?They took down the video two days ago. Everyone?s telling me it?s an open-and-closed case,? the Naked Cowboy told the NY Post. The 37 year-old Naked Cowboy, whose real name is Robert Burck, was referring to his $6 million trademark-infringement lawsuit against M&M?s manufacturer Mars Inc. The company, alleges Burck, used his likeness ? cowboy boots, briefs and a cowboy hat ? to design a blue M&M for an advertising video broadcast in Times Square, territory the Naked Cowboy claims is his turf. (Click here for the original report, and here for earlier Law Blog coverage.)

The cowboy?s lawsuit, filed in federal court in Manhattan, included a request for an injunction stopping Mars from using the Naked Cowboy?s likeness to advertise M&M?s.

?People are driving by screaming out, ?This is the $6 million man! Kudos!? ? said Burck, who for work plays the guitar in the middle of Times Square. ?Everybody likes this story. It?s the American dream versus the sold-out America.? When asked if he?ll still do his act if he wins the suit, Burck said: ?Are you kidding me? I?ll still do what I do. I have billions to make. Warren Buffett and Bill Gates have nothing on me.? Mars declined comment to the Post.

The cowboy?s lawyer, Scott Rothman, noted that Mars removed the copycat candy from its billboard only after the lawsuit was filed. He said Mars had ignored a cease-and-desist letter he sent in January.

Full post as published by IP Law Daily on February 15, 2008 (boomark / email).