New Yorks Naked Cowboy Suing M+M's Maker

[Lee]

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

[Jasun]

Not sure.

Maybe he can come play a show at my house and I'll decide?

[DonMike]

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?

Both. And nothin' wrong with that. I think if you spend year cultivating a look, image and presentation and someone comes along and takes your likeness to make money off of, playing on your hard work, you should get compensation for it.

I hears a rumor that the infamous guitar player in Santa Monica who is known for rollerblading around in white robes and turbin playing his white guitar had sued Disney when they first opened their California Adventure park with a parade celebrating California and used a likeness of him in the parade. It was not a parody, they had a life sized portrait of him, cut out and held up on a stick along side of other local icons. The parade was meant as a tribute but apparently the guy did not give his permission for his likeness to be used and got quite upset.

Of course I only heard this from a friend so who knows if it's true.

[Squirt]

I've seen the advertisement this is based on and it is a total rip off of his image. It's him, in M&M form. With all those graphic effects they use and hundreds of millions of dollars the company makes, you think they'd do things by the book and pay the guy a few bucks. BTW... he's SO cute!

[DonMike]

Yeah, what a slap in the face to walk out onto the street and see a giant M&M representation of you staring down at you with nary a penny for it in sight.

[longboardjim]

I've seen the advertisement this is based on and it is a total rip off of his image. It's him, in M&M form. With all those graphic effects they use and hundreds of millions of dollars the company makes, you think they'd do things by the book and pay the guy a few bucks. BTW... he's SO cute!

agreed , cute! ( interpreted: he will probably if anything get added publicity which should compensate him financially should M&M decide not to pay and if they do he's just collected twice!...only in america can you stand on the street in your underwear for a year and clear 6.65 million plus! :thumbsup: )

sincerely ~ ..."I'm definetly in the wrong line of work!"... :crybaby:

[Squirt]

Yeah, what a slap in the face to walk out onto the street and see a giant M&M representation of you staring down at you with nary a penny for it in sight.

Notice how on the M&M the hat is tilted up? The real naked cowboys hat says "naked cowboy" right on the front, if the M&M's hat was tilted down it would be more blatantly obvious how they ripped him off :moneybags: