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nylisa
My Children
Member since 5/05 7905 total posts
Name:
MaMa
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For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
'Naked Cowboy' Sues for $6 Million
NEW YORK (Feb. 13) - New York City street performer "The Naked Cowboy " is suing Mars Inc. for $6 million over the use of his trademark look -- white underwear, cowboy boots and a hat -- by a blue M&M candy on a Times Square billboard.
For nearly a decade, Robert Burck has been a fixture in Times Square, where he strums a guitar on a street corner while dressed in his skimpy signature costume.
In a lawsuit filed this week in Manhattan federal court, Burck said that two oversized Times Square billboards that promote M&Ms used his look without compensating him.
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 privately held Mars Inc., which makes M&Ms, and Chute Gerdeman Inc., an Ohio agency that he said created the ad, 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-recognized likeness without a license 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.
Message edited 2/14/2008 11:19:08 AM.
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Posted 2/14/08 11:16 AM  |
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Long Island Weddings
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2BEANS
wow time is going fast.
Member since 9/07 16106 total posts
Name:
Tina
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
YOU GO NAKED COWBOY!!!... does he have the sole rights to being naked in time square?
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| Posted 2/14/08 11:22 AM |
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kahlua716
3 Girls for Me!
Member since 8/07 12475 total posts
Name:
Keri
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Ew...he's gotten so sleazy.
I posed for a picture with him back in October and he was wispering in my ear and practically nuzzling and told me to grab his butt.
He used to not let anyone touch him and just pose. I thought it was a new guy.
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| Posted 2/14/08 11:37 AM |
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Lisa
I'm a PANK!!!
Member since 5/05 22334 total posts
Name:
Professional Aunts No Kids
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
well I guess if he wins he wont have to be naked anymore!!
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| Posted 2/14/08 11:38 AM |
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nylisa
My Children
Member since 5/05 7905 total posts
Name:
MaMa
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
I work in Midtown and know about him and everyone that I have told about this, we all said the same thing. He is very sleazy.
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| Posted 2/14/08 11:39 AM |
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fabrichick
LIF Adult
Member since 5/05 2479 total posts
Name:
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
I saw that commercial and we said ohmigod
The M&M is the Naked Cowboy
I heard about the suit on Howard Stern.
If they use his likeness isn't he entitled to some royalties??
He isn't even naked!
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| Posted 2/14/08 11:55 AM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by fabrichick
He isn't even naked!
Well, if he were entirely naked, he'd be in jail -- and then we'd have to decide whether or not we can send him a care package... and then, if consensus said we can, we'd have to decide whether or not it would be appropriate to send him M&Ms.
His undies just make things less complicated! 
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| Posted 2/14/08 12:00 PM |
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fabrichick
LIF Adult
Member since 5/05 2479 total posts
Name:
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
I always thought that undie thing was more like a diaper!
I would send him Depends in jail with custom M&Ms that say haha!
Message edited 2/14/2008 12:21:39 PM.
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| Posted 2/14/08 12:21 PM |
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2BEANS
wow time is going fast.
Member since 9/07 16106 total posts
Name:
Tina
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by fabrichick
I always thought that undie thing was more like a diaper!
I would send him Depends in jail with custom M&Ms that say haha!
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| Posted 2/14/08 12:27 PM |
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MST9106
My life:)
Member since 6/06 9589 total posts
Name:
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Pfffffffftttttttt....good luck there Cowboy! Unless he has that look trademarked or patented he ain't getting a cent from Mars...
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| Posted 2/14/08 12:29 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by MST9106
Pfffffffftttttttt....good luck there Cowboy! Unless he has that look trademarked or patented he ain't getting a cent from Mars...
quotes from the article -
Burck is suing privately held Mars Inc., which makes M&Ms, and Chute Gerdeman Inc., an Ohio agency that he said created the ad, for trademark infringement.
This one makes me cringe b/c "trademark" is NOT a verb:
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.
Regardless, you don't need a federal or state trademark registration in order to claim trademark protection. Registration is not a requirement for trademark protection (as it is for patent protection). Trade dress and logos also CANNOT be patented. Patents are for new technology and aren't applicable to this situation in any way.
ETA -- A trademark is simply a means of identifying the sources of goods or services. Since he uses his look / likeness to identify the source of services (his - entertainment), that could lead to confusion. I won't lie, I 100% thought that he was getting money from m&ms using his look in his commercials.
Message edited 2/14/2008 12:40:53 PM.
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| Posted 2/14/08 12:31 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
That M&M isn't naked. He's wearing a shell, no?
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| Posted 2/14/08 1:02 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by nrthshgrl
That M&M isn't naked. He's wearing a shell, no?
Hmm... this could come down to whether or not a shell is the equivalent to skin... 
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| Posted 2/14/08 1:03 PM |
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shiv
Twinsanity!!
Member since 5/07 4747 total posts
Name:
Shiv
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
good for him, he should get it. M&M will pay it to stop the bad publicity
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| Posted 2/14/08 1:13 PM |
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mommy2bella
Where does time go?
Member since 12/05 9747 total posts
Name:
Kelly
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
a man who has made living wearing skivvies and singing badly for all the world to hear...
AND HE'S NOT BRITNEY.
Give him the money.
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| Posted 2/14/08 2:07 PM |
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NASP09
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Member since 6/05 6030 total posts
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by BabySammie
YOU GO NAKED COWBOY!!!... does he have the sole rights to being naked in time square?
ITA!
Love the naked cowboy!!!
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| Posted 2/14/08 5:47 PM |
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Wow, interesting case!!!!
Side-story:
I'll never forget the time 2 of our Chinese associates came to the US for some training and to meet everyone. So one day I was given the assignment of showing them around NYC since they had never been. Of course, while walking through Times Square we run across the Naked Cowboy and, like true tourists, they proceeded to take pictures!!!! 
I can only imagine what their friends and families had to say when they got home!!!!!! 
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| Posted 2/14/08 5:54 PM |
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LightUpOurLife
Totally in love
Member since 8/06 12785 total posts
Name:
Bonnie-Jean
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Since/if he is trademarked, then he is right.
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| Posted 2/14/08 8:15 PM |
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MrsERod
Praying for Everyone.
Member since 5/05 26170 total posts
Name:
MrsERod™®
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by Special-K
a man who has made living wearing skivvies and singing badly for all the world to hear...
AND HE'S NOT BRITNEY.
Give him the money.
very good point!
i hope he wins!!!!
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| Posted 2/14/08 8:29 PM |
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HeathKernandez
Our Ron is an awesome Ron
Member since 4/07 9091 total posts
Name:
baby fish mouth
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by Kara
Posted by fabrichick
He isn't even naked!
Well, if he were entirely naked, he'd be in jail -- and then we'd have to decide whether or not we can send him a care package...
am I the only one who noticed the brilliance in this reply?
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| Posted 2/14/08 8:41 PM |
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MrsERod
Praying for Everyone.
Member since 5/05 26170 total posts
Name:
MrsERod™®
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
Posted by carolinep24
Posted by Kara
Posted by fabrichick
He isn't even naked!
Well, if he were entirely naked, he'd be in jail -- and then we'd have to decide whether or not we can send him a care package...
am I the only one who noticed the brilliance in this reply?
not alone
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| Posted 2/14/08 9:16 PM |
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Re: For Those Of You Who Know About The "Naked Cowboy" Guy In NYC
DH and I love that m&m on the commercial - I can't believe he is suing for that!!!
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| Posted 2/14/08 9:20 PM |
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