"Never judge a book by its cover," the saying goes. Turns out this saying is pretty much true… minus the "cover" part.
I recently came across an interesting story of a blue M&M… and the brief-clad, guitar-playing cowboy who has stepped up to defend the use of his image. If you're not getting me yet, I'm talking about The Naked Cowboy. He is a NYC-based street performer who's leveled a $6 million trademark infringement lawsuit against Mars Inc., over a video billboard featuring a blue M&M allegedly made in his likeness. You can check out the story on CNN here.
Sounds like a joke right? Well, the courts aren't laughing. Recently, a judge ruled the case fit for trial, despite a Mars Inc. defense arguing the parody was permissible under the First Amendment.
This performer may come across as an eccentric character, but in truth there's more to him than just a guy looking for attention and photos with tourists. The cowboy's real name is Robert Burck, and he's actually a business owner who's taken all of the legal steps necessary to protect his image and likeness.
Burck has capitalized on his unique persona, appearing in ads, cameos and even a Super Bowl commercial by Chevrolet. He may be goofy, but he's business savvy too.
Anyway, I think this is a great story highlighting the importance of registering (and respecting) trademarks. If you have a business or a marketable public image, read up on registering for a trademark. That way no one will be able to make money directly off your image or idea without your permission.
--Peter
I saw a guy in Dallas, at a Tom Waits show a couple of weeks ago, wearing a giant purple sequined cowboy hat.
I judged him. It just happened. I'm sorry.
Hi Brent,
I saw someone wearing a giant gold sequined top hat this past Fourth of July weekend at the blues festival I attended. It was pretty entertaining. Thanks for reading!
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