Monday, June 23, 2008
</Radio Silence> I just had to share this one. According to Reuters, "Robert Burck -- for 10 years a fixture in Times Square, who strums a white guitar while dressed only in white cowboy boots and hat and skimpy white underwear -- filed the suit in February over video billboards depicting a blue M&M dressed in his signature outfit." (How did I miss this until now?) Now here's the interesting part: "Burck, who poses for photos with giggling tourists in return for dollars slipped into his boots, has trademarked his look and licensed his name and likeness to companies for endorsements and advertisements, including a Chevrolet commercial that appeared during a Super Bowl." 1) Yes, Burck has a registration for a design consisting of a man with a guitar in a cowboy hat and boots, but I'm not sure that constiutes "trademark[ing] his look." 2) The services in his registration for NAKED COWBOY seem really broad. Is singing in a video game really the same thing as "entertainment services, namely, providing an on-line computer game"? 3) Isn't NAKED COWBOY a bit misdescriptive? 4) Am I the only one less likely to buy a product endorsed by this guy?
Posted by nerdlaw.org at 8:10 PM