"Naked Cowboy"

"Naked Cowboy"

Robert John Burck, 37, plays guitar on the Times Square in New York City, the United States, June 18, 2008. Robert Burck, better known as the Naked Cowboy, whose routine consists of playing guitar wearing only cowboy boots, a hat, and a pair of briefs, has become a prominent but disputed fixture on the Times Square. He charges two dollars on every tourist who wants to take a picture with him.


Robert John Burck (C), 37, pose for a picture with tourists on the Times Square in New York City, the United States, June 18, 2008.

BEIJING, JUne 25 (Xinhuanet) -- Times Square's guitar-strumming "Naked Cowboy" can go ahead with his 100-million-U.S.-dollar lawsuit against the maker of M&Ms and its ad agency, a New York judge ruled Monday.

Robert Burck has become well-known in Times Square for playing the guitar dressed only in a white cowboy hat, white cowboy boots and white underpants while tourists pose with him for pictures and slip money into his boots.

Burck filed a lawsuit against candymaker Mars Inc. and Chute Gerdeman Inc., after they released a video billboard showing a guitar-playing blue M&M dressed in a white cowboy hat, cowboy boots and underpants. The company also ran print ads showing a similar yellow M&M.

Burck says in his lawsuit that he has registered trademarks to the Naked Cowboy name and likeness.

The lawsuit alleges the ads violate Burck's right to privacy and infringe on his trademark by "using his likeness, persona, and image for commercial purposes without his written permission and by falsely suggesting that he endorses M&M candy."

U.S. District Judge Denny Chin ruled Monday the trademark infringement claim can proceed.

Chin dismissed the privacy claim, however, saying New York law protects only the "name, portrait, or picture of a living person" and not a character "created or a role performed by a living person," according to a statement from the court.

Mars issued a statement saying, "we do not comment on matters of litigation. However, as a good corporate citizen, Mars will handle this matter accordingly."

Burck said he is looking forward to pursuing the matter.

"I have spent 10 years in every kind of weather and going through the legal, step by step [process of getting a trademark]," Burck said. "It is imperative that damages are pushed so ... an example will be set."

He is seeking up to 100 million in punitive damages, plus attorney's fees.


Robert John Burck (C), 37, pose for a picture with a tourist on the Times Square in New York City, the United States, June 18, 2008.