Naked Cowboy Tolerates No Candy-Ass Imitators

nakedcowboym%26m.jpg Times Square fixture The Naked Cowboy (Robert Burck) is singing a litigious song these days against Mars Inc., maker of M&M candies. He is claiming that the company is infringing on his trademark, i.e. singing in tighty-whities, cowboy boots and a Stetson, with a six string slung on his shoulder. Burck wants $6 million after the company started broadcasting a film on a billboard screen in Times Square showing anthropomorphic M&Ms re-enacting famous scenes, structures, and places around NYC. A blue peanut M&M is shown in briefs, boots, a hat, and strumming a guitar while singing in Times Square.

At first, Burck was flattered by the imitation, but slowly began to think that Mars Inc. was simply leeching off a brand that he had spent years building, to much ridicule at first. Burck does not discount at all the value of the brand his buff busking represents. He told the Post, “All I’ve got is my underwear. It’s the most brilliant thing that’s ever been created from a marketing perspective. You can’t stop it.”

A 2004 Gothamist interview with The Naked Cowboy demonstrates that Burck has a very strong sense of commitment to himself. "All men, women, and children worldwide love the Naked Cowboy but since becoming NYC's third-rated tourist attraction, following the Statue of Liberty and the Empire State Building, I have the super-human responsibility to be in Times Square every day."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Dave Hogarty in News on February 13, 2008 3:20 PM

Comments [rss]

WhatsMyNameAgain

No way is this illegal. They're parodying him. Totally legal. If this were illegal, Weird Al would have been a goner years ago.

russ

If he thinks of himself as a iconic tourist attraction like the Statue Of Liberty, or the Empire State Building, then he must agree that his image is also public domain like those two attractions. Therefore a likeness of an M & M based on his outfit should be perfectly legal. No?

robingee

Emily; exactly. Naked Cowboy wants to blow your mind, but the reality is much "crazier". Once a tourist sees The Jerk-Off Guy, the Naked Cowboy seems... stupid. (He is!)

emilydickinson

@robingee: No, tourists come here and they're like 'Holy Shit! There's a man with garbage bags for pants and Yankees hat jerking off on that traffic island! His hands are bleeding. NY is crazy!'

Kevin Walsh

M&M stole his, ah, shtick. Give him the $6M.

www.forgotten-ny.com

jibbly

He's not even naked! What a rip off! Auuuugh!

Gregoire - I will take you up on that offer. I'm for realz yo.

Bottomless Chips

I'm glad he is going to blow thousands on lawyers while Mars probably has a huge retainer. It's a parody; if he were to dress up in a yellow oval and play guitar, Mars couldn't sue him and win.

I wonder if he does pay taxes, too. He better, or he's going to be in a world of hurt if it's uncovered that he hasn't been.

MFer

Shit, I'm so stupid I called him the Singing Cowboy. Then again, I think we should all start doing that. He'll get real annoyed.

robingee

Naked Cowboy is what tourists think NYC is like, "Hey! A guy on the street in his UNDERWEAR! NY is crazy!"

What a tool.

Rocknrope

"It’s the most brilliant thing that’s ever been created from a marketing perspective."

I wouldn't put singing in your underwear up there with "Just Do It" or "Coke Adds Life", but hell, I don't make 400K a year either, so who am I to judge.

MFer

Sure, because the next Holden Caulfield will be wondering where the Singing Cowboy goes in the winter.

smitty

There was an article fairly recently saying how he makes a six-figure salary doing this. I think people pay $8 for a photo with him. No idea if he pays taxes on this income.

tnturner

All I know is my mother in Milwaukee knows of him and frequently references him. Ingenuity, no matter how pathetic it may seem, = loot. Props to the cowbhoy this time.

JRod5417

I have no pity for that guy. He earns as much as $1000 per day and approx. $400,000 per year, or so his IRS filings state.

Gregoire

I would pay very good money to have somebody walk up to him like they want to take his picture, then vomit on him.

Aveais Essex

Love him or hate him, the man seems to have a point. Definitely not a 6M dollar point, but a point.

just saying

Naked Cowboy is "NYC's third-rated tourist attraction?" You got that wrong. It should read "third-rate" not "third-rated."

tien

i've always hated the naked cowboy. i wish the tourists would run him out of town.

JacqueMehoff

do tourists give him money or something?

babyhitler

I just saw this guy on judge hatchett and this guy is a total egomaniac. I never understood how a guy who says he's the master of the universe can be applauded. He doesn't even believe it's a shtick but that's the way he lives. He's obviously a sociopath, but instead of killing people he wears tighty whities and plays guitar badly.