New York’s Infamous “Naked Cowboy” Loses Trademark Lawsuit

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A federal judge has dismissed a New York entertainment lawsuit brought by Robert Burck, better known as the “Naked Cowboy.” Burck filed the trademark litigation against CBS after one its soap operas featured a character that also played the guitar in nothing but a cowboy hat and his underwear.

The Times Square street performer, who the New York Tourism Department reports is more popular than the Statue of Liberty, has created a lucrative brand. According to the Hollywood Reporter, the street performer has secured corporate sponsorships, merchandising deals, and endorsement agreements.

The Naked Cowboy also appears to vehemently protect his intellectual property. Burck filed his first trademark application on Oct. 24, 2000 and most recently renewed his registration on May 25, 2010. In 2010, he unsuccessfully filed a lawsuit against the Naked Cowgirl, a female street performer who he claimed was trying to make money off his brand.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Donald Scarinci, Scarinci Hollenbeck | Attorney Advertising

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