The Naked Cowboy
The Naked Cowboy performs in New York.
The Naked Cowboy at work in Times Square.
A judge says a Times Square entertainer who wears just enough to justify the name the "Naked Cowboy" can continue a lawsuit he brought against a blue M&M.
Federal Judge Denny Chin in Manhattan on Monday stripped Robert Burck of some of his claims that a blue M&M wearing a white cowboy hat, cowboy boots and underpants violates his trademarks.
But the judge left intact one strand of that lawsuit. Chin said Burck might be able to prove that Mars Inc., which makes M&Ms, unfairly gave the impression that he had endorsed its advertising campaign.
For its part, Mars says the ad campaign was a parody and is protected by the First Amendment.
Lawyers on both sides did not immediately return messages for comment.