Naked Cowboy Sues Mars Candy
Rose A. Valenta — June 27, 2008 — Marketing
References: comcast.net
For 10 years, Robert Burck, has been entertaining tourists in Times Square as “The Naked Cowboy.†His outfit consists of a white hat and cowboy boots and skimpy white underwear. He has trademarked his, well, "likeness" to companies for product endorsements and advertising. One of his commercials for Chevrolet appeared during a Super Bowl.
Along comes Mars candy company, maker of M&Ms, and they, well, put his “likeness†on a blue M&M billboard ad without permission. They also ripped off likenesses of the Statue of Liberty and King Kong. U.S. District Court Judge Denny Chin denied a motion by Mars attorneys to dismiss the $6 Million lawsuit; however, he also dismissed Burck's right to privacy, whatever is left of it, since he's been strutting his stuff for 10 years in public. (Does this sound like an episode of “Boston Legal�).
A pretrial hearing will take place on July 11, 2008; stay tuned.
(I can visualize Boston Legal's Denny Crane as The Naked Cowboy, can't you? ''Does this make me look fat?'' Denny Crane, Boston Legal: Spring Fever.)
Along comes Mars candy company, maker of M&Ms, and they, well, put his “likeness†on a blue M&M billboard ad without permission. They also ripped off likenesses of the Statue of Liberty and King Kong. U.S. District Court Judge Denny Chin denied a motion by Mars attorneys to dismiss the $6 Million lawsuit; however, he also dismissed Burck's right to privacy, whatever is left of it, since he's been strutting his stuff for 10 years in public. (Does this sound like an episode of “Boston Legal�).
A pretrial hearing will take place on July 11, 2008; stay tuned.
(I can visualize Boston Legal's Denny Crane as The Naked Cowboy, can't you? ''Does this make me look fat?'' Denny Crane, Boston Legal: Spring Fever.)
Trend Themes
1. Celebrity Likeness Endorsements - There is an opportunity for startups to build platforms that allow for easier and more secure celebrity likeness endorsements for advertisers.
2. Intellectual Property Protection Automation - There is an opportunity for startups to automate the process of identifying intellectual property infringement on behalf of IP owners.
3. Digital Influencer Authenticity Checks - There is an opportunity for startups to develop tools that can verify the authenticity of digital influencers and prevent the use of fake influencer accounts.
Industry Implications
1. Entertainment - The entertainment industry needs to focus more on intellectual property protection strategies for celebrities, influencers and their likeness to avoid lawsuits and reputational damage.
2. Advertising - The advertising industry should embrace the use of technology that can verify the authenticity of influencers to avoid using fake accounts or endorsing without permission.
3. Legal Services - Legal service providers can offer intellectual property advisory and protection services to celebrities, influencers and brands who want to avoid similar cases that disrupt their brand image and business.
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