But a partial victory goes to the cowboy: Judge Chin also ruled that the suit could proceed since Mr. A message left on the media line at the Mars North America hub site, in northwestern New Jersey, was not immediately returned. In making his decision, Judge Chin drew upon a surprisingly rich case law, which included such disputes as Allen v. National Video Inc.
Mixed Ruling for Naked Cowboy and Blue M&M - The New York Times
Earlier coverage. Filed under: privacy , publicity , trademarks. Mars is well known for using properties that do not belong to them. I believe that the Naked Cowboy will win his case and the jury will and very well should demand a strict punitive penalty for Mars.
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For advertisers, the ruling was another defeat in the ongoing battle over when it's acceptable to use popular culture in a marketing campaign. In Burck v. Mars, Inc.