New Yorks Naked Cowboy Suing M+M's Maker
A street performer known as the Naked Cowboy is suing snack firm Mars for millions of dollars for copying his trademark look on a billboard.
For about 10 years Robert Burck has been a fixture in New York's Times Square strumming a guitar on a street corner in his skimpy costume of white undies, cowboy boots and a hat.
But in a lawsuit filed this week in Manhattan federal court, Burck said that two oversized Times Square billboards that promote the chocolate snack M&Ms used his look without compensating him.
And he is now seeking $6.65 million from the chocolate company.
The billboards feature a scantily clad blue M&M with a guitar alongside views of New York including street scenes and the Statue of Liberty.
Burck is suing Mars, which makes M&Ms, and Chute Gerdeman Incorporated, an Ohio agency that he said created the advert, for trademark infringement.
Neither company was immediately available for comment.
"Just like The Naked Cowboy does on a daily basis in Times Square, the M&M is not only dressed as The Naked Cowboy, it is playing the Naked Cowboy's distinctive white guitar in the cartoon," the lawsuit said.
Mars and Chute Gerdeman "decided to exploit and trade upon The Naked Cowboy's well-recognised likeness without a licence and without furnishing any compensation", the lawsuit said.
Burck has trademarked his signature look and has made several television and movie appearances in costume, including for a televised audition on the American Idol reality TV program, the lawsuit said.
http://www.thesun.co.uk/sol/homepage...icle801769.ece
So what do you folks think about this, a legitimate case or is the dude just trying to get some free publicity and extra cash?
Regards,
Lee
