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7 Jul, 2008 8:00 pm by Kevin
... agency. Mars is the maker of M&Ms, among other things. Mr. Burck is better known as "The Naked Cowboy," a Times Square performer who plays guitar while ... amp;Ms, at least in the narrow legal sense. Judge Denny Chin ruled that Burck had at least properly alleged a claim that "consumers seeing defendants' advertisements would ... use. Chin held that while this concept would have protected plaintiff in his "Robert Burck" mode, it does not protect the name or picture of a character or role that someone ...
Lowering the Bar - http://www.loweringthebar.net/
28 May 9:00 am
... mobile phone software maker Gameloft has filed a declaratory judgment action against Robert Burck, better known as "The Naked Cowboy" (the self-appointed most famous "busker" ... District Court for the Central District of California. See Gameloft S.A. et al, v. Robert Burck, et al,, Case No. 09-cv-3769 (C.D. ... a declaration that its Nick character is protected by the First Amendment and does not infringe on Burck's trademark rights. Gameloft describes Nick as a "minor part of the game" representing " ...
Las Vegas Trademark Attorney - http://www.vegastrademarkattorney.com/
6 Aug, 2008 4:13 pm
The Naked Cowboy (a/k/a Robert Burck), a New York icon, is usually in the news for his well-known antics as a street performer. But the Naked Cowboy recently made some trademark law in a battle with Mars, Inc. and its Blue M & M. In Burck v. Mars, Inc., 2008 WL 2485524 (S.D.N.Y. 2008), ... , and underpants, and carrying a guitar." The court illustrated these facts with the following picture: Burck sued Mars for compensatory and punitive damages asserting violations of New York's right ...
Business and Technology Law - http://www.scottandscottllp.com/main/blogindex.aspx?id=158
23 Jun, 2008 3:26 pm by Dan Slater
... months ago seemed frivolous to some, has partially survived a motion to dismiss. Back in February, Robert Burck - a/k/a the Naked Cowboy - sued Mars candy company and Gerdeman, a ... or a role performed by a living person." However, Judge Chin denied the motion to dismiss Burck's false endorsement claim, "for he plausibly alleges that consumers seeing defendants' ... M&M candy." (The offending billboard ad was taken down shortly after Burck filed his suit.) Here's Judge Chin's opinion. What's next? ...
Law Blog - http://blogs.wsj.com/law
12 Aug, 2008 1:00 pm by Kevin
... trademark lawsuit against the maker of M&Ms, New York's "Naked Cowboy" Robert Burck was arrested in San Francisco when he tried to perform his somehow-trademarkable act in Union Square. Burck apparently brought his business into the city hoping to make a few extra bucks during a ... the rap, supposedly, because the arresting officer had written the wrong code on the ticket, invalidating it. Burck seemed to still be irritated about his reception by the SFPD, saying they did not take him ...
Lowering the Bar - http://www.loweringthebar.net/
12 Feb, 2008 9:42 am by Dan Slater
... the New York Post, he indeed has law on the brain. The Naked Cowboy, whose real name is Robert Burck, is suing Mars Inc. for $6 million for dressing an animated M&M in Burck's signature outfit and broadcasting it on a video billboard. While not quite a doppleganger, the animated ... King Kong and the Statue of Liberty. "My initial response was like, 'Wow that's cool,' " said Burck, 37. "The artist seeks to create the world in his own image. Obviously I was overjoyed . . . . ...
Law Blog - http://blogs.wsj.com/law
14 Feb, 2008 11:00 am by Dan Slater
... told the NY Post. The 37 year-old Naked Cowboy, whose real name is Robert Burck, was referring to his $6 million trademark-infringement lawsuit against M&M's manufacturer Mars Inc. The company, alleges Burck, used his likeness - cowboy boots, briefs and a cowboy hat - to design a ... ;M's. "People are driving by screaming out, 'This is the $6 million man! Kudos!' " said Burck, who for work plays the guitar in the middle of Times Square. "Everybody likes this story. It's the ...
Law Blog - http://blogs.wsj.com/law
14 Feb, 2008 12:15 am by pete.black@gmail.com (Peter Black)
... the New York Post, he indeed has law on the brain. The Naked Cowboy, whose real name is Robert Burck, is suing Mars Inc. for $6 million for dressing an animated M&M in Burck's signature outfit and broadcasting it on a video billboard. While not quite a doppleganger, the animated ... King Kong and the Statue of Liberty. "My initial response was like, 'Wow that's cool,' " said Burck, 37. "The artist seeks to create the world in his own image. Obviously I was overjoyed . . . . ...
Freedom To Differ - http://www.freedomtodiffer.com/freedom_to_differ/
14 Feb, 2008 9:43 pm
Various readers have drawn the IPKat's attention to a Reuters news item concerning New York City street performer Robert Burck, alias "The Naked Cowboy", who is suing Mars Inc for $6 million for misappropriating the use of his trade mark appearance: ... . The IPKat admires the manner in which publicity-conscious Americans play the intellectual property system for their own benefit. Burck drums up plenty of coverage, enhances his already substantial public profile and even stands to gain a small pay- ...
Tags: cheek, Naked
IPKat - http://ipkitten.blogspot.com
15 Feb, 2008 2:13 am by Lawrence B. Ebert
CNN has a post The naked truth about The Naked Cowboy case which includes the text: [Robert] Burck [the Naked Cowboy] sued Mars this week for $6 million in federal court in New York. The allegations: trademark infringement under ... to some -- at least to me -- The Naked Cowboy's name and likeness are in fact registered trademarks owned by Burck. According to the complaint, Burck has licensed The Naked Cowboy name and/or likeness to companies for the purposes of advertising and endorsement. The post ...
IPBiz - http://ipbiz.blogspot.com
17 Feb, 2008 3:13 pm
... star power by dressing a blue M&M in his signature costume for a video billboard, the Naked Cowboy, a.k.a. Robert Burck, was not amused. According to a $6 million lawsuit, the candy company appropriated Burck's likeness without permission and ... law to prevent Samsung from using the image of a robot in a blonde wig and evening gown in an ad, then surely Burck -- who apparently makes quite a good living as a street performer and is available for corporate appearances -- can prevent an animated ...
Counterfeit Chic - http://www.counterfeitchic.com/
23 Jun, 2008 8:10 pm by nerdlaw.org
&lt/Radio Silence&gt I just had to share this one. According to Reuters, "Robert Burck -- for 10 years a fixture in Times Square, who strums a white guitar while dressed only in white cowboy boots and hat and skimpy white underwear -- filed the suit in February over video billboards depicting a blue M&M dressed in his signature outfit." (How did I miss this until now?) Now here's the
nerdlaw.org - http://nerdlaw.org
24 Jun, 2008 3:29 pm by Ron Coleman
From the National Post, trademark news about a lawsuit brought by New York's charming Naked Cowboy against the makers of M&M's and its ad agency. The story is in Canadian, but you can still more or less make it out: Robert Burck, a New York street performer who entertains the crows in Times Square by [...]
Likelihood of Confusion - http://www.likelihoodofconfusion.com
24 Jun, 2008 2:44 pm by jessicamathewso
Back in February, New York City street musician Robert Burck, known as the Naked Cowboy, filed a lawsuit against Mars, Inc. for outfitting an M & M character in his signature gear (guitar, cowboy hat & boots and briefs) in a video shown in Times Square. Yesterday, Judge Denny Chin granted the motion, filed by the defense, to dismiss the Naked Cowboy's right to privacy claim. However, the Judge denied the defense motion to dismiss the ...
CM Law Library Blog - http://cmlawlibraryblog.classcaster.org/blog/
25 Jun, 2008 2:28 pm by MediaLaw Prof
Robert Burck, "the Naked Cowboy," can proceed with his suit against Mars Candy for using what the company claims is a parody of his image in an ad featuring an M&M candy playing a guitar in boots and underpants, just...
Media Law Prof Blog - http://lawprofessors.typepad.com/media_law_prof_blog/
25 Jun, 2008 6:57 am by Lawrence B. Ebert
U.S. District Judge Denny Chin ruled on Monday, June 23 that the trademark infringement claim made by "the naked cowboy" Robert Burck against candy maker Mars can proceed. The right of privacy claim was dismissed with New York law said to protect only the "name, portrait, or picture of a living person" and not a character "created or a role performed by a living person." See the previous post on IPBiz: "The Naked Cowboy" trademark and lawsuit
IPBiz - http://ipbiz.blogspot.com
27 Jun, 2008 10:04 am
... Institute v White: (Patently-O), LSI Corp - Patent infringement suit between LSI and Agere Systems over computer chip method patent stayed pending ITC decision: (IP Law360), Mars - Judge won't dismiss Robert Burck (aka Naked Cowboy) trade mark case against blue M&M wearing underpants and cowboy hat: (IP Law360), Metro-Goldwyn-Mayer Pictures - CAFC affirms decision against heirs of Pink Panther author and ...
IP Thinktank - http://duncanbucknell.com/blog
27 Jun, 2008 5:32 pm
... in hunting down the latest news of the Naked Cowboy and his dispute with Mars over its M&M advertising (see earlier post here). Well, there have been developments. To recap, Naked Cowboy Robert Burck sued Mars Incorporated, objecting that the company had misappropriated his image by outfitting the image of a dark blue M&M confection with boots, hat, underpants and a six-string guitar, deploying this image in animated cartoon ...
Tags: FRIDAY, flings
IPKat - http://ipkitten.blogspot.com
3 Jul, 2008 10:26 pm by William McGeveran
... ;M dressed up like "The Naked Cowboy," a long-time street performer who appears in Times Square in nothing but his boots, hat, undies, and strategically placed guitar. (Wikicommons image here.) The performer behind the character, Robert Burck, sued M&M maker Mars Inc. and its ad agency for two claims. First, he claimed infringement of his trademarks in the Naked Cowboy. He also claimed a violation of a New York privacy statute ...
Info/Law - http://blogs.law.harvard.edu/infolaw
27 Dec, 2008 9:30 pm by Ron Coleman
This was first posted on June 24th: From the National Post, trademark news about a lawsuit brought by New York's charming Naked Cowboy against the makers of M&M's and its ad agency. The story is in Canadian, but you can still more or less make it out: Robert Burck, a New York street performer who entertains [...]
Likelihood of Confusion - http://www.likelihoodofconfusion.com
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