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NEW YORK (CNN) -- An underpants-clad New York guitarist known as the "Naked Cowboy" can proceed with his trademark infringement lawsuit against the maker of M&Ms and its ad agency, a New York judge has ruled.
The Naked Cowboy is part of the scenery at New York's Times Square.
Robert Burck has become a fixture in Times Square for playing the guitar dressed in a white cowboy hat, white cowboy boots and white underpants while tourists pose with him for pictures and slip money into his boots.
In February, the street performer filed a lawsuit against Mars Inc. and Chute Gerdeman Inc., after they released a video billboard showing a guitar-playing blue M&M dressed in a white cowboy hat, cowboy boots and underpants.
The company also ran print ads showing a similar yellow M&M.
'Naked Cowboy' can sue makers of M&Ms - CNN.com
The Naked Cowboy is part of the scenery at New York's Times Square.
Robert Burck has become a fixture in Times Square for playing the guitar dressed in a white cowboy hat, white cowboy boots and white underpants while tourists pose with him for pictures and slip money into his boots.
In February, the street performer filed a lawsuit against Mars Inc. and Chute Gerdeman Inc., after they released a video billboard showing a guitar-playing blue M&M dressed in a white cowboy hat, cowboy boots and underpants.
The company also ran print ads showing a similar yellow M&M.
'Naked Cowboy' can sue makers of M&Ms - CNN.com
