NYC- Times Square’s Naked Cowboy is trying to take a $6 million bite out of a giant candy corporation, charging it stole his identity by dressing an animated blue M&M in his skimpy trademark outfit.
The nearly nude street performer, whose real name is Robert Burck, has his tighty whities in such a bunch over a massive video billboard showing the candy in a white hat, boots, guitar and underwear that he’s filed suit against the mighty Mars candy corporation.
The case of Naked Cowboy vs. The Men From Mars will be heard in Manhattan federal court.
Burck, who bills himself as a top Times Square tourist attraction, admitted he received warm congratulations for his candy-coated chocolate electronic alter ego and was initially thrilled to see proof of his impact on popular culture.
“My initial response was like, ‘Wow that’s cool,’ ” said Burck, whose claim to fame is playing guitar at 45th Street and Broadway, strategically holding the instrument over his briefs to make him appear to be naked.
“The artist seeks to create the world in his own image. Obviously I was overjoyed,” Burck said in a phone interview with The Post yesterday while taking a break from the cold.
“It took years for people not to say that’s a stupid idea.”
But it didn’t take long for the Naked Cowboy to realize that a major corporation was cashing in on his ingenuity and hard work with the billboard designed to attract customers to M&M’s Times Square store.
“All I’ve got is my underwear. It’s the most brilliant thing that’s ever been created from a marketing perspective. You can’t stop it,” said Burck, 37, who said he filed suit on the advice of lawyers and trademark experts.
The billboard flashes a blue M&M, dressed in a white cowboy hat, boots and briefs, for several seconds of the nearly five-minute repeating video that also features the candies in street scenes and as city icons, including King Kong and the Statue of Liberty.
“I’m huge now, but I represent the little guy,” said Burck, who filed suit Monday and seeks $6 million, plus additional damages, for trademark infringement and other claims.
Calls seeking comment from a Mars spokesperson were not returned.
“The tourists love him. If it’s him, he ought to get paid. He’s the one who created the Naked Cowboy, not M&Ms,” said Adriana Servellon, 22, who works at Foot Locker at 45th Street and Seventh Avenue.