Wednesday, June 25, 2008
Robert Burck, "the Naked Cowboy," can proceed with his suit against Mars Candy for using what the company claims is a parody of his image in an ad featuring an M&M candy playing a guitar in boots and underpants, just as Mr. Burck has done for years in Times Square. U. S. District Court Judge Denny Chin said that Mr. Burck, who has registered his trademarks to the "Naked Cowboy" name and likeness, can proceed with his suit because viewers of the ads might believe he has endorsed the candy. But he judge dismissed the invasion of privacy claim, since New York law only protects the "name, portrait, or picture of a living person." Read more here and here (picture of "the Naked M&M").