Naked Cowboy Loses His Privacy Claim

Jessica Mathewson-Library Media Technical Asst.-jessica.mathewson@law.csuohio.edu | June 24, 2008 - 10:44

Back in February, New York City street musician Robert Burck, known as the Naked Cowboy, filed a lawsuit against Mars, Inc. for outfitting an M & M character in his signature gear (guitar, cowboy hat & boots and briefs) in a video shown in Times Square. Yesterday, Judge Denny Chin granted the motion, filed by the defense, to dismiss the Naked Cowboy's right to privacy claim. However, the Judge denied the defense motion to dismiss the Naked Cowboys' claim of false endorsement. The Judge found that Mars' advertisments could infer the Naked Cowboy endorses their candy. More legal haggling to be done this summer.