Actor Dressed as Scantily Clad Cowboy Did Not Infringe ‘Naked Cowboy’ Trademark

A CBS soap opera’s use of a character playing a guitar while dressed in just his underwear, cowboy boots, and a cowboy hat did not infringe the “Naked Cowboy” mark that belongs to New York street performer Robert John Burck, the U.S. District Court for the Southern District of New York ruled Feb. 22 (Naked Cowboy v. CBS, S.D.N.Y., 1:11-cv-00942-BSJ -RLE, 2/22/12).

The court found that the soap opera actor’s costume lacked any of the “distinctive characteristics” that have made Burck’s character famous. Thus, the court said, “even an unsophisticated viewer” would not be confused between the actor ...