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Article: Lanham Act - Not Right Of Publicity - Provides Best Shot For The "Naked Cowboy".
- Article from:
- Mondaq Business Briefing
- Article date:
- December 9, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A federal court in New York has ruled that the "Naked Cowboy" of Times Square fame may advance a Lanham Act claim against candy and food maker Mars, Inc. For advertisers, the ruling was another defeat in the ongoing battle over when it's acceptable to use popular culture in a marketing campaign.
In Burck v. Mars, Inc., 571 F. Supp. 2d 446 (S.D.N.Y. 2008), street entertainer Robert the "Naked Cowboy" Burck sued Mars, Inc. and its marketing agency for depicting on two oversized video billboards in Times Square a blue M&M dressed like the "Naked Cowboy." The M&M – like the Naked Cowboy – wears a white cowboy hat, white underwear, and white cowboy boots, ...