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BURCK v. MARS, INC.

No. 08 Civ. 1330(DC).

571 F.Supp.2d 446 (2008)

Robert BURCK d/b/a The Naked Cowboy, Plaintiff, v. MARS, INCORPORATED and Chute Gerdeman, Inc., Defendants.

United States District Court, S.D. New York.

June 23, 2008.

Attorney(s) appearing for the Case

Halberstadt Curley LLC, by Scott M. Rothman, Esq., Conshohocken, PA, Kevin T. Mulhearn, P.C., by Kevin T. Mulhearn, Esq., Orangeburg, NY, for Plaintiff.

Arent Fox LLP, by Joseph R. Price, Esq., Ross Q. Panko, Esq., Leslie K. Mithcell, Esq., Sarah I. Marks, Esq., New York, NY, for Defendants.

OPINION

CHIN, District Judge.

This is the case of The Naked Cowboy versus The Blue M & M.

Plaintiff Robert Burck is a "street entertainer" who performs in New York City's Times Square as The Naked Cowboy, wearing only a white cowboy hat, cowboy boots, and underpants, and carrying a guitar strategically placed to give the illusion of nudity. He has registered trademarks to "The Naked Cowboy" name and likeness.

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