Naked Cowboy Sues M&M's
National News
"This is the case of The Naked Cowboy versus The Blue M&M," afederal judge wrote in allowing The Naked Cowboy's lawsuit against Marscandy and Chute Gerdeman ad agency to proceed. "Plaintiff Robert Burckis a 'street entertainer' who performs in New York City's Times Square,wearing only a white cowboy hat, cowboy boots, and underpants, andcarrying a guitar strategically placed to give the illusion of nudity."He claims Mars & Chute Gerdeman based a Times Square billboard adon his character, "featuring a blue M&M dressed 'exactly like TheNaked Cowboy,' wearing only a white cowboy hate, cowboy boots, andunderpants, and carrying a guitar."
U.S. District Judge Denny Chin kindly attached photos of the two characters at the top of his ruling.
Burck,who has registered The Naked Cowboy as a trademark, claims defendants'animated cartoon ad on two enormous billboards in Times Square violatedhis trademark and his right to publicity.
Chin dismissed thetrademark complaint, finding that New York law "protects the name,portrait, or picture of a 'living person,' not a character created or arole performed by a living person. Burck may proceed, however, with hisfalse endorsement claim, for he plausibly alleges that consumers seeingdefendants' advertisement would conclude - incorrectly - that heendorsed M&M candy."
Related listings
-
Supreme Court weighs whales vs war preparation
National News 06/24/2008The Supreme Court will have the final say on whether war preparation trumps whale protection.Acting at the Bush administration's urging, the court agreed Monday to review a federal appeals court ruling that limited the use of sonar in naval training ...
-
Fight over White House subpoenas heads to court
National News 06/23/2008Congress issued its demands. The White House refused. Now it's up to a federal judge to settle a dispute over documents and testimony regarding fired federal prosecutors.Lawyers for the White House and Congress were headed to court Monday to argue th...
-
Federal court issues stay in SC execution
National News 06/20/2008A man scheduled to be executed on Friday was issued a stay just minutes before he was to be electrocuted, triggering a flurry of legal moves as the state sought to carry out the sentence before a midnight deadline.James Earl Reed had been scheduled t...
Car Accident Lawyers in New Rochelle, New York
If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.
Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.
You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.