Naked Cowboy Sues M&M's

National News

"This is the case of The Naked Cowboy versus The Blue M&M," afederal judge wrote in allowing The Naked Cowboy's lawsuit against Marscandy and Chute Gerdeman ad agency to proceed. "Plaintiff Robert Burckis a 'street entertainer' who performs in New York City's Times Square,wearing only a white cowboy hat, cowboy boots, and underpants, andcarrying a guitar strategically placed to give the illusion of nudity."He claims Mars & Chute Gerdeman based a Times Square billboard adon his character, "featuring a blue M&M dressed 'exactly like TheNaked Cowboy,' wearing only a white cowboy hate, cowboy boots, andunderpants, and carrying a guitar."

U.S. District Judge Denny Chin kindly attached photos of the two characters at the top of his ruling.

Burck,who has registered The Naked Cowboy as a trademark, claims defendants'animated cartoon ad on two enormous billboards in Times Square violatedhis trademark and his right to publicity.

Chin dismissed thetrademark complaint, finding that New York law "protects the name,portrait, or picture of a 'living person,' not a character created or arole performed by a living person. Burck may proceed, however, with hisfalse endorsement claim, for he plausibly alleges that consumers seeingdefendants' advertisement would conclude - incorrectly - that heendorsed M&M candy."

Related listings

  • Supreme Court weighs whales vs war preparation

    Supreme Court weighs whales vs war preparation

    National News 06/24/2008

    The Supreme Court will have the final say on whether war preparation trumps whale protection.Acting at the Bush administration's urging, the court agreed Monday to review a federal appeals court ruling that limited the use of sonar in naval training ...

  • Fight over White House subpoenas heads to court

    Fight over White House subpoenas heads to court

    National News 06/23/2008

    Congress issued its demands. The White House refused. Now it's up to a federal judge to settle a dispute over documents and testimony regarding fired federal prosecutors.Lawyers for the White House and Congress were headed to court Monday to argue th...

  • Federal court issues stay in SC execution

    Federal court issues stay in SC execution

    National News 06/20/2008

    A man scheduled to be executed on Friday was issued a stay just minutes before he was to be electrocuted, triggering a flurry of legal moves as the state sought to carry out the sentence before a midnight deadline.James Earl Reed had been scheduled t...

What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?

If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?

Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.

A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.

In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.

Business News

Surry County Criminal Defense Lawyers. At DiRusso & DiRusso, we have the legal knowledge and experience to protect you. >> read
Canton, MI Criminal Law Attorney Rita White is a metro Detroit area attorney with a focus on criminal defense. >> read