As I am not a fan of the current election (or most politics, as I don't have $100M), I have to say that the news is pretty slow if you're to believe the local NBC affiliate.
However, I was doing a little online snooping and came across a terrible injustice: The M&M Mars Company is trying to kill the Naked Cowboy!
And so I do my research. I read blogs, do a bit of legal reading (thank god for dictionaries), and I've come to my decision. First, I provide you with a bit of light reading:
"U.S. District Court Judge Denny Chin didn't throw the cowboy from his steed. In fact, in a lengthy decision, Judge Chin ruled against the makers of M&Ms, rejecting Mars, Inc.'s attempt to dismiss the Cowboy's lawsuit. And it seems that Judge Chin has a sense of humor....And what a case it is. Burck sued Mars in April for $6 million in federal court in New York. The central allegation: trademark infringement under the Lanham Act, arising from a video billboard for M&Ms....Even Judge Chin recognized that The Naked Cowboy is no ordinary street entertainer. Although he performs in New York City's Times Square in little more than underwear and a smile, he has registered trademarks to "The Naked Cowboy" name and likeness." -- SOURCE
Lanham Act: Basically established trademark laws
So when it comes down to it, The Naked Cowboy has a decent case. As I see it, (as written on the forum of Law Blog here), the Naked Cowboy has to prove two things to win his case:
1) That people associate a cowboy hat, briefs, boots, and a guitar with the Naked Cowboy.
2) That M&M Mars' use of the blue M&M in the aforementioned attire made people think that the Naked Cowboy was endorsing M&M's.
SINCE the Naked Cowboy has trademarks on his image and name, and since they specify that the image was inspired by the Naked Cowboy...The Naked Cowboy should win the case.
I just want to know where he got the figure of $6 Million...
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"I just want to know where he got the figure of $6 Million..."
He doesn't like m&m's thaaaat much...
"Don't blame me. I voted for Kodos."
Homer Simpson
I hope he wins the case. I don't really care what they award him, but I met the Naked Cowboy and when I saw that ad the first thing that came to mind was the Naked Cowboy. If nothing else he is in the right and M&Ms stole the image. Mars needs to be smarter than that. Pay up boys, NC has an ingenious idea that has made thousands of people smile and laugh and he legally holds the rights the that image. Go Naked Cowboy!
I love his reasoning for the hole in his guitar: there's just not enough room in the briefs.
-acertainsaint-