Thursday, July 29, 2010

If the Naked Cowboy files a suit, is it a birthday suit?

There's never been a doubt in my mind that Times Square entertainer the Naked Cowboy (who, despite his name, is about as racy as a pro wrestler) is a genius of self-promotion, a creative entrepreneur, and can probably do a bunch of sit-ups.

According to this piece in Business Week, I can now see that he is also a savvy protector of his brand.

The article reports that Robert John Burck, the man behind the persona, is suing one Sandra Brodsky for trademark infringement. Burck claims that Brodsky, who has been performing in Times Square as the Naked Cowgirl (also not actually naked), has copied his costume, his act, and his name in a manner that is likely to cause confusion.

Burck has filed a case in a Federal Court in Manhattan. Access to Federal Courts is, by the way, one of the advantages of registering a mark with the USPTO. (His mark is registered; look up serial number 77781761 in TESS.) Perhaps other street performers should take note.

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