Times Square's Naked Cowboy Sues Blue M&M
It's seems Times Square's Naked Cowboy - aka Robert Burck - who, at first, thought the video billboard showing a blue M&M dressed like a cowboy was funny now has had second thoughts and is suing Mars $6 million for trademark infringement. Burck thinks the video represents too closely what he does each day in his underwear and would like to see some cash out of the situation.
Does that mean with $6 million in his pocket (if he wins), Burck won't have to perform for money thereby depriving New Yorkers of an entertainment in institution? Oh the horror! To pass through Times Square and not see the dude in his underwear? That is just wrong. So wrong. We hope he loses. Oh wait, that's not nice. We hope he wins and heads to Calvin Klein to grab himself some stylish new drawers.
Comments
Whatever happen to Ugly George that used to roam NYC and film women lifting their tops? I think it was during the early 80's.
NYC would be so deprived without the Naked Cowboy! I was lucky enough to meet him during my first student ad-club sposored trip to New York. Now I feel nostalgic! :)
HI all,
I am the official writer for NAKED COWBOY: KING OF TIMES SQUARE. This is his own comic book. When I decided to do a comic about him, I made sure that I was able to do it, I called him up and we agreed upon a deal. M&Ms did nothing of the sort. So, he does have a case. For all who is wandering you can get his first comic here, www.indyplanet.com, We have the Rock Band HELIX in the next issue coming soon. Go to www.myspace.com/dravencomics to get the update on myspace. Thanks and take care.
Jarrod-
Naked Cowboy: comic book writer-
The Naked Cowboy has every right to sue, his 'look' is registered and trademarked-I can't believe a corp as big as Mars would do something so stupid. $6mil is peanuts to the company anyway. Go Naked Cowboy!!!
I am not a legal professional but I have my views on the subject since I own Intellectual Property. The "Naked Cowboy" does not have a chance to win in my opinion. The animated M&M character doesn't reflect the "Naked Cowboy" as a living human being. The candy image of an M&M is not clothed in fabric of any kind or amount worn. The shell of the M&M is the candy's cover, over the chocolate. The "Naked Cowboy" is not the only Cowboy wearing a Cowboy hat walking through Times Square wearing boots. I have not seen the advertisment in full but I am pretty sure I didn't see a guitar which the M&M character is playing. If he does win his case even though Mars candy has patent and trademark infringement insurance they will sue him back, get him so discouraged with attorney fees /court costs/ counter claims, that the thrill of his attorneys of gaining exposure through the media for their own gain will fizzle out. Regardless of my comments because I am a person who has empathy for other people's torment and frustration and understand what hard work is, that is, the Naked Cowboy performing in the winter time practically nude in the outdoors, I wish him the best of luck and hopes he prevails. This feeling of mine is supported on the reasoning that large powerful companies steal ideas for their own benefit. They do not impulsively do things without consulting with their legal departments. They will work around the genuine concept as much as possible without infringing on the trademark or patent of another. The age of the successful inventor/ patent/ trademark owner is over. There is less that 5% whoever profits. Companies today hire their own product developers / attorneys that file for patents/trademarks/copyrights inwhich the company benefits fully, while the product developers/attorneys get very little recognition and compensation compared to the millions the company makes. To those who were born in the 1930's, 40's and the 50's let me just say that you were of the last great generation. Back then deals were struck with a hand shake and kept, today anything goes. Many people/companies today have no conscience and the only consciousness they have is their own personal/company financial gain. Companies will reap what they sow as it has been the case, with many compaies going under due to unethical business practices.