Legal Grounds - The FindLaw Legal News with an Attitude Blog

More Stories from the Naked City: TM Suit Filed

When last we left this story of the naked city, the Naked Cowboy had sent the Naked Cowgirl a cease and desist letter claiming her naked actions were tarnishing his brand. Now, the sequel. On Wednesday, July 21, the Cowboy filed suit in New York federal court against said Cowgirl claiming she is "devaluing a real American brand and Icon." Yup, an icon, right up there with Roy Rogers. And his horse Trigger, or at least the back part of it. 

The New York Daily News reports that Robert Burck's (Naked's real name) attorney says the Cowgirl is confusing tourists and destroying the brand. The crux of the Cowboy's argument is that his trademark covered brand (since 2000) is about good clean fun. The Cowgirl is sullying his good TM with her raunchier approach to naked singing.

Specifically, the suit claims, that she, Sandra Brodsky, "has been observed using visual profanity (flipping the bird at the camera) when photographing with people in Times Square. This is inconsistent with the manner in which the Naked Cowboy conducts business." Or, maybe this is the real problem; Brodsky has repeatedly ignored Burck's requests that she pay him a franchising fee since showing up in Times Square a few years back.

The Cowgirl's representative however, begs to differ. The New York Post reports her lawyer, Nicholas Barnhorst, said she shouldn't have to and that the Cowboy should get off his high horse. "He does not have a monopoly on scantily clad guitar playing," Barnhorst said.

Who knows if the two will be able to come to terms without full blown litigation? However, should this little legal shoot-out require a court appearance; hopefully both cowpoke will remember to put some darn clothes on.

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