If you’ve ever strolled through New York Times Square, you may have encountered Robert Burck, better known as the Naked Cowboy. The Naked Cowboy is a street performer who sings while accompanying himself on a white guitar. He’s called the Naked Cowboy because of his attention-getting costume. He wears a white cowboy hat, white cowboy boots, white briefs, and nothing else. You can view a video clip of the Naked Cowboy’s act here.
In April 2007, the company that manufactures M&M candy began running an animated cartoon
advertisement on two oversized billboards located in the middle of Times Square. The animated cartoon features a blue M&M wearing a white cowboy hat, white cowboy boots, white underwear and playing a white guitar. Burck filed a lawsuit against the candy maker alleging that M&M has falsely implied that Burck endorses the product and that M&M has violated his right of publicity.