Naked City: The Right to Bare Butts
U.S. District Court, Southern District of New York: Burck d/b/a The Naked Cowboy v. Mars Inc.
If you’ve been to Times Square, you’ve seen him: The skivvies-clad singer with the cowboy hat known in these parts as “The Naked Cowboy.” Among the lights on Broadway are The Naked Cowboy’s tighty whities. Well, our resident cowboy thinks the makers of M&Ms are low-down scoundrels, having dressed up one of their blue M&Ms in the Naked One’s signature cowboy hat, boots, undies and guitar, and worse, displayed this animated advertisement prominently in Times Square, the heart of Naked Cowboy country. The cowboy would stand for none of it. He strode into District Court and called on the law to take action. The court was not unsympathetic. While it did not agree that the near buck-naked buckaroo’s privacy was violated, it did agree that he could proceed with his claim of false endorsement, since the public could well conclude that the unclothed cowpoke endorses M&M candy. Apparently, he does not. It still remains to be seen whether the Texas M&M gets run out of Times Square, or whether this town is big enough for the two of them.
That’s the beauty of our justice system: it’s available to the good, the bad and even the naked.
(July 23, 2009 Update: Not only is justice availaible, so is public office. Apparently, the Naked Cowboy is about to try his hand at politics and throw his hat in the ring—which doesn't leave much else—and run for mayor. It should be a revealing campaign.)
