Photo Courtesy of Associated Press Images (Photographer Robert F. Bukaty (c) 2002)
Robert Burck, a.k.a. “The Naked Cowboy,” a prominent street performer in New York City’s Times Square, is suing the Mars Company for trademark infringement. Mars ran a video billboard depicting an animated M&M with the likeness of the Naked Cowboy. Burck is claiming trademark rights over the Naked Cowboy persona which he has licensed to many companies before this case.
With the ad now taken down, the question remains if Mars can defend its action proving the M&M character was a parody which could not be confused with the actual individual. Precendent goes both ways with a case brought by Tommy Hilfiger against a pet perfume named “Timmy Holedigger” being unsuccessful and another case between Vanna White of Wheel of Fortune and Samsung showing that even if the likeness would not be confused it still infringes one’s identity. The website "AdLawByRequest.com" point out the result will likely redefine a fine line in advertising law between parody and trademark infringement.
Post by Gabriel Kassel
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