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Naked Cowboy's $6M suit to proceed against candy maker

Tuesday, June 24, 2008 | 07:07 AM ET

A U.S. District Court judge on Monday said a lawsuit filed by Robert Burck, also known as The Naked Cowboy, may proceed against candy-maker Mars Inc.

Burck had alleged Mars Inc. violated his trademarks with an advertisement for its M&M candies.

The advertisement featured an animated candy character, carrying a guitar and wearing cowboy boots and a hat — much like Burck own costume. Burck performs in New York City's Times Square, and as his name suggests, wears only underwear, cowboy boots and a hat.

The court allowed that Burck might be able to demonstrate the candy company's promotion misleadingly implied The Naked Cowboy endorsed M&Ms.

Burck is also suing the Chute Gerdeman Inc, the advertising agency that created the promotional spots.

Mars defended the advertisement, describing it as a parody.

With files from the Associated Press

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