Robert Burck, also known as The Naked Cowboy, is suing comedian/stripper Sandy Kane in Federal court for devaluing his brand and icon by calling herself “The Naked Cowgirl”. Sandy Kane has taken up residence in The Naked Cowboy’s territory and is “confusing tourists and destroying his brand.” In case you aren’t familiar with him, the Naked Cowboy is famous for playing the guitar while wearing a cowboy hat, tighty-whiteys and not much else. He claims to be the number 3 tourist attraction in New York City currently. Burck also has his own website and even sells franchising opportunities for aspiring Naked Cowboys and Cowgirls.
Burck filed an earlier suit against M&M Mars for placing a blue M&M character resembling his likeness in an advertisement in Times Square. That suit settled in 2008 for an undisclosed amount.
I have to give him credit – The Naked Cowboy enforces his trademark rights. I’d encourage his legal counsel to secure a trademark watch and conduct internet monitoring on his behalf too. I’m sure there are additional instances of trademark infringement that he has yet to uncover. For more information on CSC’s trademark watching and internet monitoring services contact us at tmsupport@cscinfo.com.
Kimberly Wieland, Senior Director of Trademark & Brand Services, Corporation Service Company