Naked Cowboy to M&Ms: See You in Court

Street performer says Times Sq. billboard is trademark infringement
By Dustin Lushing,  Newser Staff
Posted Jun 23, 2008 5:57 PM CDT
Robert Burck, a.k.a. "The Naked Cowboy," plays his guitar in Times Square.    (AP Photo/Robert F. Bukaty, FIle)
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(Newser) – The New York street performer known as the Naked Cowboy can sue Mars Inc. for trademark infringement, a judge ruled today, over a singing blue M&M wearing his signature costume on a Times Square billboard, Reuters reports. In seeking $6 million in damages, Robert Burck "plausibly alleges that consumers seeing defendants' advertisements would conclude—incorrectly—that he had endorsed M&M candy," the judge wrote.