Naked Cowboy versus the blue M-and-M

June 24, 2008 6:12:47 AM PDT
It's the case of the Naked Cowboy versus the blue M-and-M.

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.