TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

Naked Cowboy to M&Ms

Bite Me!

2/14/2008 3:00 PM PST BY TMZ STAFF

The Naked Cowboy -- yeah, that guy from Times Square -- is suing Mars, Inc. for using his trademark tighty-whities and guitar on a dancing M&M, and he tells TMZ that the company offered him $50,000 to shut up. But he sure as hell doesn't plan to.

The nearly naked guy -- real name, Robert Burck -- wants around $6 million from Mars, according to papers filed in Federal Court in New York. And, as he told us yesterday, he intends to wear his minimalist getup in open court -- and says he wants his lawyer to do the same, just for solidarity.

Curiously, the Naked Cowboy M&M -- which was playing on a screen above the M&M store -- was no longer dancin' and strummin' as of yesterday.

NON-SUGAR-COATED UPDATE:
Mars has issued a statement, saying, "We do not comment on matters related to litigation. However, as a good corporate citizen, Mars will handle this matter accordingly. As one of the world's top-selling snackfoods, we take pride in the longstanding connection that our consumers feel toward the M&M'S Brand."

72 COMMENTS

No Avatar
46.

Darek    

"Czekoladowe M&M lecą w kulki" - that is in polish not czech language:)

2412 days ago
47.

-SJ    

I think it's pretty funny that everyone is so surprised the Naked Cowboy says he will go to court in his underwear if Mars doesn't settle. I had the unfortunate opportunity to see an episode of "Cristina's Court" at the laundromat one day, where he was being sued by an ex-girlfriend and the judge refused to start proceedings until he at least put on a jacket. But that was only after he asked for a cape colored like the American Flag. He's a classy guy!

2412 days ago
48.

Ms_Tell_It_Like_It_Is    

Another total attention whore. He has to whore for all the attention he can get because he can't sing, plays guitar poorly and his songs really suck! There is no lasting quality to this slightly glorified singing stripper, just a passing novelty.

2411 days ago
49.

Juicy Couture    

Plus, he is not even really naked !! What a fraud !! When he gets his settlement from M&M, I plan on suing him for false advertising. I want 10 million dollars !!

2411 days ago
50.

Mr Skittle    

the only difference between this media whore goober and paris hilton is a few hundred million dollars and some balls...and someday he may have those too!
I say give him a handful of candy, a shirt and a one way ticket to Crawford Texas.

2411 days ago
51.

brasso    

NYC Onlooker-
Thank you for adding more information! I was fairly curious what designated this M&M as a Naked Cowboy M&M rather than just a Cowboy M&M, since I don't really remember seeing instances of an M&M wearing clothing. But that picture you provided clearly shows just how much Mars ripped off the Naked Cowboy's image.

As silly as it may sound, that guy worked [relatively] hard at cultivating his image and, since he has it trademarked, it is totally within his rights to sue. Unlike so many frivolous lawsuits that are filed in this day and age, I actually believe that not only is the Naked Cowboy's suit legitimate and not a publicity stunt, but that it is actually his civic duty to defend his intellectual property that is protected by national law. I hope Mars learns their lesson and that they fire whoever it was in their marketing department that thought that blatantly violating others' trademarks was a good idea.

2411 days ago
52.

Kelli    

I have to go to New York and see this dude. He is hilarious! hahahahahah.....

2411 days ago
53.

NYC Onlooker    

Bravo Brasso ... You are so correct. This story is not about how good the Naked Cowboy can sing (& with my 5 Grammy Nominations and 100s of music biz credentials dating back over 25 years) I can say he's a really great singer and has some great music.

No, this story isn't about attention getting antics, either.

It is about our rights as Americans, how these rights are being stripped away by power-trip corporations that think they can do whatever they want because they provide capitol to favored politicians with special interests.

The failure of America as we know it will not come from innocent, law abiding citizens who do the right things and follow the rules; like The Naked Cowboy, ...It will come from corporations devaluing the laws , rights and justices that are in place to protect us and offer us all equality and the opportunity to persue the American Dream.

2411 days ago
54.

anewyawker    

NYC Onlooker - thanks for sharing those links. That story is brilliant:

"Company president Phil Lenger said, “Our big design challenge was translating all the iconic M&M’s imagery and tying it directly to the M&M’s World® retail store, and doing it with a wink to New York City.”

Video vignettes include the M&M’s® Brand Spokescandies running around NYC. Also, each M&M’s® Brand Character approaches a video display to stare out into Times Square as if to watch people watching it. The M&M’s® Brand Characters pay homage to King Kong, Marilyn Monroe, Lady Liberty and the Naked Cowboy in brief, NYC-related videos."

As an artist, I'm used to people not respecting copyrights and trademarks. But shame on M&M/Mars, they absolutely knew better. Their legal team is not that dumb. Good luck Naked Cowboy, just another NY'er behind you (ahem, no pun intended).

2411 days ago
55.

fha secure rates    

this guy belongs behind bars

2411 days ago
56.

ALC    

I'm from Cincinnati and remember the naked cowboy from like 10 years ago. I've seen him here or there randomly on NYC commentary and love it, but for him to be a "subject" on TMZ? I'd guess his notoriety is doing him well. To me 50k seems a little low, but 6m way way to high. But taking into account lawyer fees and reduced judgment, M&M woulda been better off suggesting around 200k, which is about what I'd guess he'll end up with all of this. Of course now M&M gets all this extra media attention.

2411 days ago
57.

John    

Hes hot as hell- and looks FINE.........as long as he doesnt open his mouth.
What a douche.

Put your face back in the pillow- and loosen up, bitch............

2411 days ago
58.

MJ    

You don't need to be a lawyer to figure out that what Mars did was DUMB, DUMB, DUMB. Everybody knows who this guy is & Mars used his image, which he owns. It's the same as stealing. I really can't believe they couldn't see this coming.

2411 days ago
59.

furple    

This is the day, your life will surly change....

This is he day, when things fall into place!!!

LOL.

2411 days ago
60.

Kelli    

I'm losing my breakfast. Why did I have to see this!!!!

2411 days ago
Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | Most Recent | Next 15 Comments

Around The Web