The bare facts and the Naked truth

The silly season -- usually some time around August when there's no real news -- has come early this year, according to this little snippet from the New York Times (the IPKat thanks his friend and fellow IP Finance blogger Miri Frankel, for the link!).

Left: The Naked Cowgirl; Right: The Naked Cowboy [says Merpel, this must be the most superfluous caption ever to accompany any IPKat posting]

The story, somewhat inelegantly entitled "1-Man Rodeo: NYC's Naked Cowboy Sues Naked Cowgirl", relates how iconic New York character Robert Burck, better known as The Naked Cowboy (see earlier IPKat posts here and here on his IP prowess), is suing Sandra Brodsky (better known as stripper-turned-comedienne Sandy Kane) in order to prevent her styling herself The Naked Cowgirl. Burck alleges that Kane is damaging his brand, which has helped him rake in earnings of up to $1,000 a day for strumming his guitar in Times Square.

Trade dress here

Trade undress here

Naked cowboy in win-win situation

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: white underwear, cowboy boots and a hat. The alleged infringement has been performed by a blue M&M confection on a Times Square billboard. Burck objects to the portrayal of a scantily-clad blue M&M with a guitar alongside views of New York, including street scenes and the Statue of Liberty.

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-out in settlement; M&M hog the headlines at the expense of their competitors and gain considerable public sympathy for being subjected to the indignity of litigation in response to their good-humoured parody. Even the lawyers get something to bill for. Merpel adds, I hope it goes to court so we can read the arguments of the respective parties: it would be a pity if the resolution of this little spat was the subject of a cover-up ...

Naked cowboy here
Naked cowgirl here