Naked Cowgirl trying to invalidate Naked Cowboy trademarkTue Sep 21, 2010 @ 09:52AM PST
By Eriq Gardner
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.