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In a ruling filed Thursday, the Naked Cowboy’s suit against CBS for ripping off his trademark briefs in a TV show was thrown out by US District Judge Barbara Jones.
The Naked Cowboy, whose real name is Robert John Burck, has become something of a Times Square landmark, famous for strumming country western songs wearing nothing but cowboy boots and Fruit of the Loom white briefs.
On November 1st 2010, a character named Oliver showed up on the CBS soap opera “The Bold and the Beautiful” wearing nothing but cowboy boots and custom-made Fruit of the Loom briefs, strumming country western songs. Sound familiar? Burck thought so, and filed suit against CBS for infringing on his trademark rights.
Unfortunately, the judge ruled that the Naked Cowboy’s trademark costume “is indeed distinctive, but […] the similarities between Oliver’s costume and the Naked Cowboy costume are minimal at best.” Chris Ender, a CBS spokesman, said: “This dismissal confirms that the emperor, or in this case, the cowboy, has no clothes.”