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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

(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.

Robert Burck, a.k.a. The Naked Cowboy, plays his guitar in Times Square.
Robert Burck, a.k.a. "The Naked Cowboy," plays his guitar in Times Square.   (AP Photo/Robert F. Bukaty, FIle)
Robert John Burck, who performs as The Naked Cowboy
Robert John Burck, who performs as The Naked Cowboy   (AP Photo/Jim Cooper, File)
Tourists gawk at Robert Burck, who performs as the Naked Cowboy, in New York's Times Square.
Tourists gawk at Robert Burck, who performs as the Naked Cowboy, in New York's Times Square.   (AP Photo/Diane Bondareff, File)
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