New York's 'Naked Cowboy' Sues Blue M&M For $6 Million

The New York City street performer known as '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.

Robert Burck has been a fixture in Times Square for nearly a decade, where he plays a guitar on a street corner while dressed in his skimpy signature costume. But he's not happy that M&Ms are using his trademark look.

In a lawsuit filed this week, he says that the two oversized Times Square billboards that promote M&Ms use 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 the company that makes M&Ms for trademark infringement. The lawsuit says: "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."

UPDATE 06/24/08:

A judge has ruled that the lawsuit filed by the 'Naked Cowboy' against M&Ms candy maker Mars can go forward on grounds of trademark infringement.

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