(c) 2005 Associated Press, photo by Adam RountreeBy Emmy Llewellyn
According to ADLAW by Request, the Mars Corporation was sued in February by New York City's popular Naked Cowboy, Robert Burck, over trademark infringement and appropriation when they posted an advertisement of an M&M in Times Square wearing similar attire to the Naked Cowboy.
Recently, Mars said that the Naked Cowboy obtained his trademark fraudulently, and referred to a January 1, 2008 statement that shows Burck said he was using the Naked Cowboy Design Mark on several products including aprons, Halloween costumes, footwear, pajamas and jeans. Mars says that he never used his trademark on any such items and therefore submitted a false statement when registering the trademark.
As well, Mars claimed that Burck has not used his trademark in three years, and in order for a trademark to be protected, it must be used.
Will the Naked Cowboy have to saddle up and go home?
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