Intellectual Property Law

Naked Cowboy's Legal Suit Over CBS Soap Opera Character Is Found Lacking


A federal judge in Manhattan has reviewed a legal suit brought by a Times Square entertainer known as the Naked Cowboy and found it lacking.

Robert John Burck had contended that CBS Corp. stole his shtick by including a similarly unclad character strumming a guitar in a Nov. 1, 2010 episode of The Bold and the Beautiful, Reuters reports.

But the soap opera character did not wear the Naked Cowboy costume, U.S. District Judge Barbara Jones ruled in an opinion yesterday.

Although it includes virtually nothing except a hat, briefs, boots and a guitar, the costume has a number of distinctive characteristics including the phrase “Naked Cowboy” on all of these items except the boots, she explained.

Burck and his attorney, Joey Jackson, are considering their options.

“This dismissal confirms that the emperor, or in this case, the cowboy, has no clothes,” a CBS spokesman told Reuters.

Related coverage:

ABAJournal.com: “NYC’s Naked Cowboy Says Candy Corp. Stole His Trademark Skimpy Outfit”

ABAJournal.com: “Judge Sides With Naked Cowboy in Candy Co. Claim re Trademark Role”

ABAJournal.com: “Naked Cowboy Sues Female Competitor, Says She Stole His Shtick”

Huffington Post: “Naked Cowboy Loses Legal Duel With Naked Cowgirl, Report Says”

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