Naked Cowgirl trying to invalidate Naked Cowboy trademark

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Naked Cowgirl trying to invalidate Naked Cowboy trademark

Tue Sep 21, 2010 @ 09:52AM PST

By Eriq Gardner

6a00d83451d69069e2013485a3b3aa970c The Naked Cowgirl has whipped her rope back at the Naked Cowboy, attempting to invalidate the latter's trademark.

In July, Robert Burck, the musician who roams around Times Square in New York wearing only underwear, a cowboy hat and a guitar, sued Sandra Brodsky, a.k.a. the Naked Cowgirl, alleging that she threatened to devalue his lucrative licensing brand.

Here's her answer and counterclaim, in which the Cowgirl asks the court to invalidate "Naked Cowboy" as a trademark because it is "generic and/or descriptive without secondary meaning." 

Brodsky claims that both terms belong in the public domain. She also claims that Burck has never used the trademark in connection with various services listed in the registration, including on television and radio, in a live music group, in a variety show or in an online computer game.

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to [email protected]

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