Robert Burck, is suing the M&M's company (Mars Inc.) for $6 million for alledgedly dressing an animated M&M in Burck’s signature outfit and broadcasting it in New York City on a huge video billboard.

Mr Burck has been performing in the streets of New York City for 10 years and has also trademarked his image.

However, recently M&M's has dressed an M&M in a cowboy hat, briefs, guitar and even boots that resemble the Naked Cowboy's likeness.

According to Burck, he has proof that corporate officials documented on company literature that the Naked M&M was inspired by the Naked Cowboy.

Burck states that people on the streets were bringing the M&M character to his attention on a daily basis, some with congratulations and some saying his image was stolen. And it was then that a lawsuit was born.



Now the question remains does Burck have a case?

Well some legal minds see the similarities with this case and the Vanna White lawsuit.

* White v. Samsung Electronics Am., Inc., 971 F. 2d 1395 (9th Cir. 1992). Game show host Vanna White was awarded $403,000 when Samsung used a robot wearing a blond wig, jewelry and a dress, which turned letters on a game board similar to Vanna White's role on the game show Wheel of Fortune. While Vanna White's name was not used, the robot was held to constitute the likeness of Ms. White.

While others say that he must prove that people associate the elements of his costume that Mars allegedly copied with the Naked Cowboy and that Mars' use of the character created customer confusion. And since you are comparing a Naked (human) Cowboy to an M&M cowboy, most would first think of the candy, not the Naked Cowboy.


While it's pretty obvious to us, we are not lawyers and judges, so I guess this will be battled out in court.

We also know that M&M's are fighting back with a second counter suit which states that the Naked Cowboy did not have enough to establish the original trademark in the first place, (since their first counter suit claiming parody was struck down.)

We still have questions though:

          1. If the Naked Cowboy's lawyer has  "briefs" as tight as Burck's, will he win?

          2. If Naked Cowboy is wearing "briefs", what does he really need to show in court?

          3. Have you ever seen an M&M in a shirt?

          4. If the plaintiff is wearing briefs, is he really considered naked?

Just a few things to ponder as I enjoy a bag of M&M's and this video.