NY's Naked Cowboy vs the Blue M&M

NEW YORK - The $6 million lawsuit filed by the New York City street performer known as The Naked Cowboy against M&Ms candy maker Mars Inc can go forward on grounds of trademark infringement, a judge ruled on Monday. Robert Burck — for 10 years a fixture in Times Square, who strums a white guitar while dressed only in white cowboy boots and hat and skimpy white underwear — filed the suit in February over video billboards depicting a blue M&M dressed in his signature outfit.
U.S. District Court Judge Denny Chin denied a motion to dismiss the lawsuit, ruling that Burck may proceed with his false endorsement claim, "for he plausibly alleges that consumers seeing defendants' advertisements would conclude — incorrectly — that he had endorsed M&M candy."