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Naked Cowboy allowed to sue Mars

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Published: June 24, 2008 at 6:51 PM

NEW YORK, June 24 (UPI) -- A federal judge in New York has ruled the city's famed Naked Cowboy can sue over an M&M's advertisement he claims violated his trademark.

Judge Denny Chin ruled the Naked Cowboy, who's real name is Robert Burck, can sue Mars Inc. over the candy company's billboard, which was located in the city's Times Square and featured a blue M&M wearing what Burck claims is his trademark attire -- a cowboy hat, boots and briefs, the New York Post reported Tuesday.

"Sounds like I've got $4 million coming my way," Burck said of the judge's decision to allow his $4 million suit to go forward.

Chin said some "consumers may mistakenly believe the Naked Cowboy himself endorsed the copying of his 'trademarked likeness' because the M&M cowboy characters appear in a commercial setting."

Topics: Denny Chin
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