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.