Update In The Naked Cowboy Vs. M&M Showdown

My role in this lawsuit is simply to say, “Look, I sing and play guitar in my underwear, boots and hat and have been doing so in Times Square for 10 years. A major corporate advertiser has moved in and is obviously capitalizing on that imagery.” That’s it. You can take all the bells and whistles and legal jargon, but that’s the basic, simple reality.

Mars Inc. has responded, as they had to respond. Basically I think it’s a motion to dismiss, which includes all the reasons they think they’re not guilty of anything.

I’m feeling hopeful about my position. My position can’t change. I’ve been a registered trademark for eight years, if not more than that. I protected my name in the marketplace. Everyone knows me and knows what I do. There’s no question that the Mars Inc. used my trademark to drive their sales. When you do that, you pay. They didn’t pay. It’s that simple.

Those are the facts. The judge is going to look at the facts, we’re going to move forward and try to settle or else Mars Inc. will create even more expense for itself. I feel perfectly confident. As far as I’m concerned, it’s an open and close case. Justice will prevail. I have the federal government on my side.

Scott Rothman, Naked Cowboy’s Attorney:

Before taking this case, how familiar were you with Naked Cowboy?

Never met him. Had heard of him of course.

Why did you want to take this case?

I took the case because it is obvious that Mars has deliberately infringed his trademark rights in his celebrity persona, as well as his right to be free from commercial exploitation as provided under New York state law.