Nov 8, 2008 8:10 am US/Eastern
Naked Cowboy, Mars Inc. End M&M Ad Dispute
NEW YORK (AP) ―
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John Robert Burck II, aka the Naked Cowboy, performs in Times Square, New York. (File Image)
AP
A Times Square entertainer known as the Naked Cowboy has melted away his differences with a blue M&M, settling claims that candymaker Mars stole his look for an ad.
The terms of the settlement were not disclosed in a filing Friday in Manhattan federal court. The settlement calls for each side to pay its own costs and attorneys' fees.
A judge ruled in June that the lawsuit could go forward. He said a jury could decide whether an ad campaign made it seem that Robert Burck endorsed M&Ms.
In the ads, a blue M&M can be seen strumming a guitar while wearing just underpants, boots and a hat. Burck sports the same get-up while playing guitar for Times Square tourists.
Lawyers for both sides did not immediately return telephone calls.
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