Following the announcement that a judge will allow some of Naked Cowboy's lawsuit against Mars Inc. to move forward, the tighty-whitey bearing Robert Burck appeared on the Today Show this morning.
The 38-year-old entertainer is hoping to make some extra coin in the case, but Mars says they had a right to parody and are protected under the First Amendment. Amongst many, many other things, Burck noted: “I came to New York City to be the most celebrated entertainer of all time. There are certain values that are representative of that effort — eating candy is not one of them. When they dressed up the M&M to personify the Naked Cowboy, they implied that I was endorsing their product. Type II diabetes and childhood obesity is epidemic. I am the opposite of that. I don’t endorse that product.”
NBC's Dan Abrams thinks Burck has a shot to win the case, saying, "after all, that blue M&M does have a pair of underwear on, a cowboy hat and a guitar." But now that we all know the Cowboy doubles up on the underwear, the big question is: was the blue M&M sporting a 2-ply as well?