Mr. Cowboy, file your briefs…
This is complicated, so pay attention. The Naked Cowboy, a New York street performer who is not naked or a cowboy, is suing a candy maker for showing a scantily-clad blue M&M that resembles the cowboy, on a Times Square billboard. The Cowboy wants $6 million.
I am not taking sides here, but if skimpy attire in Times Square is worth a trademark, then a lot of people did it long before the Cowboy. The place was kind of famous for it. On the other hand, if you’re going to imitate someone that hick tourists have their photos taken with, you shouldn’t do it in the very spot that is synonymous with huge crowds.
“Mr. Cowboy, did a lot of people see that billboard?”
“Yes, your honor, it was like Times Square there…”
The Naked Cowboy in Times Square, in 2003 file photo. REUTERS/Teddy Blackburn