The Naked Cowboy vrs Mars Inc. (Full Version)

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Vendaval -> The Naked Cowboy vrs Mars Inc. (7/2/2008 1:15:17 PM)

One of those truth is stranger than fiction stories, a street performer in NYC Times Square sued the Mars Corp for trademark infringement.  You have to see the photos to understand. [:D]

http://www.cnn.com/2008/CRIME/07/01/naked.cowboy/index.html?iref=mpstoryview



SteelofUtah -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 1:21:34 PM)

I would have been pissed if he didn't win.

He deserves every Penny, It is not okay to take someones Idea and Profit from it and all Advertisment does it generate revenue and profit.

I am surprised there was ever a question of it's severity.

Steel



JstAnotherSub -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 1:23:19 PM)

oh man, wouldnt ya love to be on THAT jury!  lol

normally i think we are a sue-happy bunch, but i have to admit ill giggle if this guy gets a few bucks out of this.




SteelofUtah -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 1:27:17 PM)

I agree with being sue happy but this is about a MAJOR corporation using another mans TRADEMARK and using it for thier own personal Gain this is not a Man sueing because the city maintained road got his car dirty.

Mars Inc knows better they thought it would be funny and so the did what they already knew was stupid and hoped that thier lawers in waiting could stiff arm this guy I can tell you right now he will at very least get 1.5 million even if he settles out of court.

That is a Guarantee because taking it to court could cost them so much more Trademark infringement especially from a company that has SUED SEVERAL TIMES for thier own trademark infringemnet know better and a jury would have no love for the Big guy at all in my opinion.

Steel



Vendaval -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 3:22:32 PM)

He definately had a good case and I am glad he won.  And it is absolutely hilarious that you can buy men's underwear from his Web-site.



lronitulstahp -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 4:09:04 PM)

He didn't win anything yet...he just gets to go to court.  Whether he gets a dime is yet to be determined.  i've seen him a few times over the years.  He should get something.  Though $6 million seems a bit much, considering the ad didn't appear on televison or film, only in a Times Square billboard.



Irishknight -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 5:26:47 PM)

Lol.  This brought a huge smile to my face.  Its about time a megacorp doesn't just get to shove aside the little guy.



Griswold -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 5:49:54 PM)

quote:

ORIGINAL: Vendaval

One of those truth is stranger than fiction stories, a street performer in NYC Times Square sued the Mars Corp for trademark infringement.  You have to see the photos to understand. [:D]

http://www.cnn.com/2008/CRIME/07/01/naked.cowboy/index.html?iref=mpstoryview


He's in a plaza...and playing a festive guitar.

And that manifests into a Mars candy bar infringement exactly how?



Vendaval -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 8:07:16 PM)

Take a look at the photos, Gris. 



DomAviator -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 8:28:35 PM)

I doubt the guy is gonna win. I mean the ad doesnt say "The Naked Cowboy".... It just shows an M&M in underwear and a cowboy hat. Maverick from Top Gun was a very pupular charector / image but Tom Cruise / Paramount hasnt cornered the right to appear in public wearing a leather flight jacket or a flight suit. Similarly Britney Spears hasnt cornered the concept of a ditzy blonde teenyboopper pop singer.... (and in fact she wasnt the first , as Debbie Gibson was LOL) There has been a long parade of cookie cutter all american blonde bubblehead pop singers and I think this is the same thing... I dont see how ya can protect the image of "a cowboy in underpants" any more than you can copyright / trademark "man in flight suit" or "pop princess" or even "cowboy in general" - why doen't bud davis from Urban Cowboy or the guys from Broke Butt Mounting infringe on John Wayne or The Marlboro Man????

Edited to add: I dont think you can protect the notion of a cowboy in underpants, clearly the name "The Naked Cowboy" you can but I dont think the concept is protectable. Hell, I have a stetson and boots.... Underpants too, although mine are boxers not briefs. I suppose I infringed him when I was getting ready for the George Strait concert ? LOL When we got back from that Britt was stumbilng drunk dancing around the house in her panties and bra with a hat drinking beer and singing It Just Comes Natural ! Know how many strippers Ive seen in various clubs in Houston dancing with a hat and boots? Its a fairly common image...



Alumbrado -> RE: The Naked Cowboy vrs Mars Inc. (7/2/2008 8:42:18 PM)

quote:

ORIGINAL: Griswold

quote:

ORIGINAL: Vendaval

One of those truth is stranger than fiction stories, a street performer in NYC Times Square sued the Mars Corp for trademark infringement.  You have to see the photos to understand. [:D]

http://www.cnn.com/2008/CRIME/07/01/naked.cowboy/index.html?iref=mpstoryview


He's in a plaza...and playing a festive guitar.

And that manifests into a Mars candy bar infringement exactly how?



Don't know what his chances are against a mega-corp, but it definitely meets the criteria of an infringement...

If they had the blue M&M on a non-stop loop over Times Square holding a guitar and wearing a wig with sideburns and big wrap sunglasses saying 'Thank you vurrah mush', without permission they'd be getting sued by the Presley estate.
If he was wearing boxing trunks and gloves and dancing around at the top of some stairs to 'Eye of the Tiger', they'd be hearing from Hollywood.
If they put Prince's symbol on a bunch of M&Ms they would be getting sued for some unknown number of dollars.

And the Naked Cowboy had in fact worked his ass off to establish his reputation as that character... a reasonable person could be confused as to what product belonged to whom.

And Mars probably could have had his permission, for a fraction of what they've already paid out in lawyers by now.



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