Naked Cowboy versus the blue M-and-M

NEW YORK (AP) - June 24, 2008

A New York judge has ruled that Robert Burck, A.K.A. the Naked Cowboy, can continue his legal fight against candymaker Mars.

Burck is a New York street performer and tourist attraction.

He strums his guitar while wearing just boots, underpants and a cowboy hat.

He claims Mars took his distinct look for its blue M-and-M in ads.

The judge tossed out claims for compensatory and punitive damages but said a jury can decide whether the M-and-M ads leave the impression the Naked Cowboy has endorsed the candy.

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