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Patent Law

: IPBiz

"The Naked Cowboy" trademark and lawsuit

By Lawrence B. Ebert, Esq.

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CNN has a post The naked truth about The Naked Cowboy case which includes the text:

[Robert] Burck [the Naked Cowboy] sued Mars this week for $6 million in federal court in New York. The allegations: trademark infringement under the Lanham Act and violation of his right of publicity under New York Civil Rights Law §51, arising from a video billboard for M&Ms.

(...)

Surprising to some -- at least to me -- The Naked Cowboy's name and likeness are in fact registered trademarks owned by Burck.

According to the complaint, Burck has licensed The Naked Cowboy name and/or likeness to companies for the purposes of advertising and endorsement.

The post mentioned the Vanna White case but did not mention the earlier Nancy Sinatra case.

Mars is likely in trouble here.

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

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