by Mark Malek

Although this happened a few weeks back, I still get a kick out of this story, and I’ve been hearing more and more about it.  The Naked Cowboy (Robert Burck) has sued The Naked Cowgirl (Sandy Kane) for allegedly infringing on his trademark.  I am not too sure what his trademark is, but I suppose it is a nearly naked person strumming a guitar in the middle of a major metropolitan area and generating revenue by getting television coverage on the likes of The Today Show.  Before you ask, the answer is no.  I don’t get it!  A lot of you ladies out there might get it, but not me.

It sure is cold out here....shrinkage???

The Naked Cowboy earned his fame by walking around New York City in nothing but his cowboy boots, cowboy hat and a pair of draws while strumming his guitar and, in the process, entertaining New Yorkers.  He’s not a bad looking man, and he has a body that is ever so slightly nicer than mine (insert fat joke here) so naturally, he was able to make some money off of his bit.  As the saying goes, if you’ve got it, flaunt it.  I’ll stick to writing these articles.  I’ll leave the naked lawyering to someone else. 

I don't see why they can't co-exist!

I did a quick bit of research and I did not find a registered trademark for “The Naked Cowboy.”  I am truly wondering what the cause of action is here.  Mr. Naked Cowboy is likely asserting common law trademark causes of action, and it attempting to stop someone else from profiting from his unique act.  At this point, it will be up to a court to decide whether or not trademark protection can be afforded for his act.